,i #aacth ,,congress #ast ,session ,h4 ,r4 #ahfj ,,in ,,the ,,house ,,of ,,representatives ,may #g1 #bjac ,mr4 ,sensenbrenner introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to modernize1 shorten1 and simplify the ,federal criminal code1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,criminal ,code ,modernization and ,simplification ,act of #bjac4 #b4 ,revision of ,part ,i of title #ah1 ,united ,states ,code ,part ,i of title #ah1 ,united ,states ,code1 is amended to read as follows3 ,i ,,general ,,provisions ,,and ,,offenses ,chapter #a4 ,definitions#a #c4 ,criminal responsibility#b #e4 ,other general provisions#ba #aj4,violent crimes against persons#aja #ac4 ,sex crimes#bja #ae4,national security and related crimes#bfa #ag4;,drug crimes#dja #ai4,organized crime#eja #ba4;,arson1 firearms1 explosives1 and weapons crimes#ega #bc4,theft and related crimes#fda #be4;,fraud and false statement crimes#gga #bg4;,crimes related to ,federal ,government responsibilities#hea #bi4;,crimes related to protection of ,government functions and integrity#iia #ca4 ,international law crimes#abea #cc4,transportation-related crimes#acja #ce4,regulatory crimes#acga #cg4,privacy#adha #ej4;,forfeiture#beja #a ,,definitions #a4 ,definitions for title4 #a4 ,definitions for title ,in this title1 the following definitions apply unless otherwise provided3 7#a7 ,the term person and the term whoever1 unless the context otherwise requires1 include any entity capable of holding a legal or beneficial interest in property as well as an individual1 and where used as a victim of an offense1 includes a government4 7#b7 ,the term minor means an individual who is less than #ah years of age4 7#c7 ,the term national of the ,united ,states has the meaning given in section #aja7;a77#bb7 of the ,immigration and ,nationality ,act4 7#d7 ,the term organization means a person other than an individual4 7#e7 ,the term department means one of the executive departments enumerated in section #a of title #e1 unless the context shows that such term was intended to describe the executive1 legislative1 or judicial branches of the ,government4 7#f7 ,the term agency means any department1 independent establishment1 commission1 administration1 authority1 board1 or bureau of the ,united ,states or any corporation in which the ,united ,states has a proprietary interest1 unless the context shows that such term was intended to be used in a more limited sense4 7#g7 ,the term ,postal ,service means the ,united ,states ,postal ,service established under title #ci1 and every officer and employee of that ,service1 whether or not such officer or employee has taken the oath of office4 7#h7 ,the term court of the ,united ,states includes the ,district ,court of ,guam1 the ,district ,court for the ,northern ,mariana ,islands1 and the ,district ,court of the ,virgin ,islands4 7#i7 ,the term foreign government except in sections #ajb1 #aab1 #aba1 #add1 or #ibh1 includes any government1 faction1 or body of insurgents within a country with which the ,united ,states is at peace1 irrespective of recognition by the ,united ,states4 7#aj7 ,the term crime of violence means-- 7,a7 an offense that has as an element the use1 attempted use1 or threatened use of physical force against the person or property of another2 or 7,b7 any other offense that is a felony and that1 by its nature1 involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense4 7#aa7 ,the term petty offense means a ,class ,b misdemeanor1 a ,class ,c misdemeanor1 or an infraction1 for which the maximum fine is no greater than the amount set forth for such an offense in #ega7;b77#f7 or 7#g7 in the case of an individual or section #cega7;c77#f7 or 7#g7 in the case of an organization4 7#ab7 ,the term ,united ,states1 unless the context otherwise requires1 includes all places and waters1 continental or insular1 subject to the jurisdiction of the ,united ,states4 7#ac7 ,the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 or any commonwealth1 territory1 or possession of the ,united ,states4 7#ad7 ,the term interstate commerce means commerce between or among more than one ,state4 7#ae7 ,the term foreign commerce means commerce with a foreign country4 7#af7 ,the term facility of interstate or foreign commerce includes a means of transportation and communication in or affecting interstate or foreign commerce4 7#ag7 ,the term health care benefit program means any public or private plan or contract1 affecting commerce1 under which any medical benefit1 item1 or service is provided to any individual1 and includes any individual or entity who is providing a medical benefit1 item1 or service for which payment may be made under the plan or contract4 7#ah7 ,the term ,federal health care offense means a violation of-- 7,a7 section #fee1 #gib1 or #hjf of this title1 or section #aabh;,b of the ,social ,security ,act2 or 7,b7 section #ejd1 #fea1 #fec1 #ggb1 #ghb1 #hja1 #hjc1 or #ajag of this title1 section #daa1 #eah1 or #eaa of the ,employee ,retirement ,income ,security ,act of #aigd1 section #cja of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 or section #eja of the ,employee ,retirement ,income ,security ,act of #aigd1 if the violation relates to a health care benefit program4 7#ai7 ,the term financial institution means-- 7,a7 an insured depository institution 7as defined in section #c7;c77#b7 of the ,federal ,deposit ,insurance ,act72 7,b7 a credit union with accounts insured by the ,national ,credit ,union ,administration2 7,c7 a ,federal home loan bank or a member of the ,federal home loan bank system 7as such terms are defined in section #b of the ,federal ,home ,loan ,bank ,act72 7,d7 a ,system institution of the ,farm ,credit ,system 7as defined in section #e4ce7c7 of the ,farm ,credit ,act of #aiga72 7,e7 a small business investment company 7as defined in section #ajc of the ,small ,business ,investment ,act of #aieh72 7,f7 a depository institution holding company 7as defined in section #c7w77#a7 of the ,federal ,deposit ,insurance ,act72 7,g7 a ,federal ,reserve bank or a member bank of the ,federal ,reserve ,system2 7,h7 an organization operating under section #be or section #be;,a of the ,federal ,reserve ,act2 7,i7 a branch or agency of a foreign bank 7as such terms are defined in section #a7;b7 of the ,international ,banking ,act of #aigh72 and 7,j7 a mortgage lending business or any person or entity that makes in whole or in part a federally related mortgage loan 7as defined in section #c of the ,real ,estate ,settlement ,procedures ,act of #aigd74 7#bj7 ,the term mortgage lending business means an organization which finances or refinances any debt secured by an interest in real estate1 including private mortgage companies and any subsidiaries of such organizations1 and whose activities affect interstate or foreign commerce4 7#ba7 ,the term national bank is synonymous with national banking association4 7#bb7 ,the term obligation or other security of any foreign government includes uncanceled stamps1 whether or not demonetized4 7#bc7 ,the term special maritime and territorial jurisdiction of the ,united ,states means the following3 7,a7 ,the high seas1 any other waters within the admiralty and maritime jurisdiction of the ,united ,states and out of the jurisdiction of any particular ,state1 and any vessel belonging in whole or in part to the ,united ,states or any citizen thereof1 or to any corporation created by or under the laws of the ,united ,states1 or of any ,state1 when such vessel is within the admiralty and maritime jurisdiction of the ,united ,states and out of the jurisdiction of any particular ,state4 7,b7 ,any vessel registered1 licensed1 or enrolled under the laws of the ,united ,states1 and being on a voyage upon the waters of any of the ,great ,lakes1 or any of the waters connecting them1 or upon the ,saint ,lawrence ,river where the same constitutes the ,international ,boundary ,line4 7,c7 ,any lands reserved or acquired for the use of the ,united ,states1 and under the exclusive or concurrent jurisdiction thereof1 or any place purchased or otherwise acquired by the ,united ,states by consent of the legislature of the ,state in which the same shall be1 for the erection of a fort1 magazine1 arsenal1 dockyard1 or other needful building4 7,d7 ,any aircraft belonging in whole or in part to the ,united ,states1 or any citizen thereof1 or to any corporation created by or under the laws of the ,united ,states1 or any ,state1 while such aircraft is in flight over the high seas1 or over any other waters within the admiralty and maritime jurisdiction of the ,united ,states and out of the jurisdiction of any particular ,state4 7,e7 ,any vehicle used or designed for flight or navigation in space and on the registry of the ,united ,states pursuant to the ,treaty on ,principles ,governing the ,activities of ,states in the ,exploration and ,use of ,outer ,space1 ,including the ,moon and ,other ,celestial ,bodies and the ,convention on ,registration of ,objects ,launched into ,outer ,space1 while that vehicle is in flight1 which is from the moment when all external doors are closed on ,earth following embarkation until the moment when one such door is opened on ,earth for disembarkation or in the case of a forced landing1 until the competent authorities take over the responsibility for the vehicle and for persons and property aboard4 7,f7 ,any place outside the jurisdiction of any nation with respect to an offense by or against a national of the ,united ,states4 7,g7 ,to the extent permitted by international law1 any foreign vessel during a voyage having a scheduled departure from or arrival in the ,united ,states with respect to an offense committed by or against a national of the ,united ,states4 7,h7 ,with respect to offenses committed by or against a national of the ,united ,states-- 7i7 the premises of ,united ,states diplomatic1 consular1 military1 or other ,united ,states ,government missions or entities in foreign states1 including the buildings1 parts of buildings1 and land appurtenant or ancillary thereto or used for purposes of those missions or entities1 irrespective of ownership2 and 7ii7 residences in foreign states and the land appurtenant or ancillary thereto1 irrespective of ownership1 used for purposes of those missions or entities or used by ,united ,states personnel assigned to those missions or entities4 ,nothing in clause 7ii7 supersedes any treaty or international agreement4 ,clause 7ii7 does not apply with respect to an offense committed by a person described in section #cbfa7;a74 7#bd7 ,the term vessel of the ,united ,states means a vessel belonging in whole or in part to the ,united ,states1 or any citizen thereof1 or any corporation created by or under the laws of the ,united ,states1 or of any ,state4 7#be7 ,the term serious bodily injury means-- 7,a7 bodily injury which involves-- 7i7 a substantial risk of death or unconsciousness2 7ii7 extreme physical pain2 7iii7 protracted and obvious disfigurement2 or 7iv7 protracted loss or impairment of the function of a bodily member1 organ1 or mental or sensory faculty2 or 7,b7 the condition of being a victim of conduct that1 had it occurred in the special maritime or territorial jurisdiction of the ,united ,states1 would have violated subchapter ,a of chapter #ac4 7#bf7 ,the term substantial bodily injury means bodily injury which involves-- 7,a7 a temporary but substantial disfigurement2 or 7,b7 a temporary but substantial loss or impairment of the function of any bodily member1 organ1 or mental or sensory faculty4 7#bg7 ,the term bodily injury means-- 7,a7 a cut1 abrasion1 bruise1 burn1 or disfigurement2 7,b7 physical pain2 7,c7 illness2 7,d7 impairment of the function of a bodily member1 organ1 or mental or sensory faculty2 or 7,e7 any other injury to the body1 no matter how temporary4 7#bh7 ,the term controlled substance means a controlled substance as defined in section #ajb of the ,controlled ,substances ,act4 #c ,,criminal ,,responsibility #b4 ,principals4 #c4 ,accessory after the fact4 #d4 ,misprision of felony4 #e4 ,conspiracy4 #f4 ,attempt4 #g4 ,solicitation to commit a crime of violence4 #b4 ,principals 7a7 ,generally ,whoever commits an offense against the ,united ,states or aids1 abets1 counsels1 commands1 induces1 or procures its commission1 is punishable as a principal4 7b7 ,for ,conduct of ,others ,whoever intentionally causes conduct by another that is an offense against the ,united ,states1 is punishable as a principal for that offense4 #c4 ,accessory after the fact 7a7 ,offense ,whoever1 knowing that an offense against the ,united ,states has been committed1 receives1 relieves1 comforts1 or assists the offender in order to hinder or prevent his apprehension1 trial1 or punishment1 is an accessory after the fact4 7b7 ,punishment ,except as otherwise expressly provided by ,act of ,congress1 an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or 7notwithstanding section #cega7 fined not more than one-half the maximum fine prescribed for the punishment of the principal1 or both2 or if the principal is punishable by life imprisonment or death1 the accessory shall be imprisoned not more than #ae years4 #d4 ,misprision of felony ,whoever1 having knowledge of the actual commission of a felony offense against the ,united ,states1 conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the ,united ,states1 shall be imprisoned not more than three years4 #e4 ,conspiracy ,unless otherwise provided by law1 if two or more persons conspire to commit any offense against the ,united ,states1 and one or more of such persons do any act to effect the object of the conspiracy1 each shall be punished for the offense which is the object of the conspiracy4 #f4 ,attempt ,unless otherwise provided by law1 whoever attempts to commit an offense shall be punished as is provided for the completed offense4 #g4 ,solicitation to commit a crime of violence 7a7 ,offense ,whoever1 with intent that another person engage in a ,federal offense that is a felony crime of violence and under circumstances strongly corroborative of that intent1 solicits such other person to engage in that offense1 shall be imprisoned not more than one-half the maximum term of imprisonment or 7notwithstanding section #cega7 fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited1 or both2 or if the crime solicited is punishable by life imprisonment or death1 shall be imprisoned for not more than #bj years4 7b7 ,affirmative defense ,it is an affirmative defense to a prosecution under this section that1 under circumstances manifesting a voluntary and complete renunciation of his criminal intent1 the defendant prevented the commission of the crime solicited4 ,a renunciation is not voluntary and complete if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective4 7c7 ,limitation on defenses ,it is not a defense to a prosecution under this section that the person solicited could not be convicted of the crime because that person lacked the state of mind required for its commission1 was incompetent or irresponsible1 or is immune from prosecution1 or not subject to1 prosecution4 #e ,,other ,,general ,,provisions ,a ,,defenses ,sec4 #ba4 ,affirmative defenses4 #bb4 ,insanity defense4 #ba4 ,affirmative defenses ,if a provision of law provides an affirmative defense to a prosecution for an offense1 the defendant must prove the elements of that defense by a preponderance of the evidence4 #bb4 ,insanity defense 7a7 ,affirmative defense ,it is an affirmative defense to a prosecution under any ,federal statute that1 at the time of the commission of the acts constituting the offense1 the defendant1 as a result of a severe mental disease or defect1 was unable to appreciate the nature and quality or the wrongfulness of his acts4 ,mental disease or defect does not otherwise constitute a defense4 7b7 ,burden of proof ,the defendant has the burden of proving the defense of insanity by clear and convincing evidence4 ,b ,,general ,,rules ,,pertaining ,,to ,,criminal ,,offenses ,sec4 #ca4 ,non-preemption4 #cb4 ,extraterritorial jurisdiction over derivative offenses4 #ca4 ,non-preemption ,the existence of a ,federal criminal offense does not preclude the application of a ,state or local law to the conduct proscribed by the offense1 unless the law specifically so provides or the ,state or local law requires conduct constituting the ,federal criminal offense4 #cb4 ,extraterritorial jurisdiction over derivative offenses ,if extraterritorial jurisdiction exists for an offense defined by a provision of law1 then extraterritorial jurisdiction also exists for any offense arising under chapter #c as a result of conduct with respect the offense so defined4 #cc4 ,state of mind requirements generally 7a7 ,for conduct ,unless otherwise provided in the provision defining an offense1 the state of mind required to prove the conduct required for the offense is knowingly4 7b7 ,for circumstances and results ,unless otherwise provided in the provision defining the offense1 the state of mind required to prove the conduct required for the offense is the same as the state of mind required to prove the conduct4 #aj ,,violent ,,crimes ,,against ,,persons ,a ,,homicide #aja4 ,homicide4 #ajb4 ,federally punishable homicides4 #ajc4 ,penalties for murders punishable under section #ajb2 attempts4 #ajd4 ,penalties for manslaughters punishable under section #ajb2 attempts4 #aje4 ,misconduct or neglect of ship officers4 #aja4 ,homicide ,unless otherwise provided by an ,act of ,congress1 if a ,federal law makes the killing of a human being an offense1 the following categories shall apply with respect to that offense3 7#a7 ,murder 7,a7 ,elements of offense ,murder is the unlawful killing of a human being with malice aforethought4 ,every murder perpetrated by poison1 lying in wait1 or any other kind of willful1 deliberate1 malicious1 and premeditated killing2 or committed in the perpetration of1 or attempt to perpetrate1 any arson1 escape1 murder1 kidnapping1 treason1 espionage1 sabotage1 aggravated sexual abuse or sexual abuse1 child abuse1 burglary1 or robbery2 or perpetrated as part of a pattern or practice of assault or torture against a child or children2 or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed1 is murder in the first degree4 ,any other murder is murder in the second degree4 7,b7 ,definitions ,in this paragraph-- 7i7 the term assault means conduct that consists of an assault as described in section #aaa2 7ii7 the term child means a child who is under the perpetrator's care or control or at least six years younger than the perpetrator2 7iii7 the term child abuse means intentionally causing death or serious bodily injury to a child2 7iv7 the term pattern or practice of assault or torture means assault or torture engaged in on at least two occasions2 and 7v7 the term torture means conduct1 whether or not committed under the color of law1 that otherwise satisfies the definition of that term set forth in section #abib4 7#b7 ,manslaughter ,manslaughter is the unlawful killing of a human being without malice4 ,it is of two kinds3 7,a7 ,voluntary ,upon a sudden quarrel or heat of passion4 7,b7 ,involuntary ,in the commission of an unlawful act not amounting to a felony1 or in the commission in an unlawful manner1 or without due caution and circumspection1 of a lawful act which might produce death4 #ajb4 ,federally punishable homicides ,in addition to any other homicides made punishable by law1 the following are ,federal offenses3 7#a7 ,special maritime and territorial jurisdiction ,a killing of an individual in the special maritime and territorial jurisdiction of the ,united ,states4 7#b7 ,officers and employees and former officers and employees of the ,united ,states ,a killing of any officer or employee1 or any former officer or employee1 of the ,united ,states or of any agency in any branch of the ,united ,states ,government 7including any member of the uniformed services7 while such officer or employee is engaged in or on account of the performance of official duties1 or any individual assisting such an officer or employee in the performance of such duties or on account of that assistance4 7#c7 ,family members of officers and employees and former officers and employees of the ,united ,states ,a killing1 with the intent to impede1 intimidate1 or interfere with an individual described in paragraph 7#b7 while that individual is engaged in the performance of official duties1 or with intent to retaliate against such individual on account of the performance of official duties of that individual1 of a member of that individual's family4 7#d7 ,foreign officials1 official guests1 and internationally protected persons ,a killing of a foreign official1 official guest1 or internationally protected person4 7#e7 ,killings by escaped prisoner ,a killing by an individual who has escaped from a ,federal correctional institution where the individual was confined under a sentence for a term of life imprisonment4 7#f7 ,congressional1 cabinet1 and supreme court assassination ,a killing of an individual who is a ,member of ,congress or a ,member-of-,congress-elect1 a member of the executive branch of the ,government who is the head1 or a person nominated to be head during the pendency of such nomination1 of a department listed in section #aja of title #e or the second ranking official in such department1 the ,director 7or a person nomrinated to be ,director during the pendency of such nomination7 or ,principal ,deputy ,director of ,national ,intelligence1 the ,director 7or a person nominated to be ,director during the pendency of such nomination7 or ,deputy ,director of the ,central ,intelligence ,agency1 or a ,justice of the ,united ,states1 as defined in section #dea of title #bh1 or a person nominated to be a ,justice of the ,united ,states1 during the pendency of such nomination4 7#g7 ,presidential and presidential staff assassination ,a killing of an individual who is-- 7,a7 the ,president of the ,united ,states1 the ,president-elect1 the ,vice ,president1 or1 if there is no ,vice ,president1 the officer next in the order of succession to the ,office of the ,president of the ,united ,states1 the ,vice ,president-elect1 or any person who is acting as ,president under the ,constitution and laws of the ,united ,states2 7,b7 a major ,presidential or ,vice ,presidential candidate 7as defined in section #cjef72 or 7,c7 a person appointed under section #aje7;a77#b77;,a7 of title #c employed in the ,executive ,office of the ,president or appointed under section #ajf7;a77#a77;,a7 of title #c employed in the ,office of the ,vice ,president4 7#h7 ,of national abroad ,a killing of an individual outside the ,united ,states who is a national of the ,united ,states4 7#i7 ,killings by prisoner ,a killing of an individual by a person confined under a sentence of life imprisonment in a ,federal correctional facility4 #ajc4 ,penalties for murders punishable under section #ajb2 attempts 7a7 ,murder ,a murder that is an offense under section #ajb is punishable by-- 7#a7 death or imprisonment for life for first degree murder2 and 7#b7 imprisonment for any term of years or for life for second degree murder4 7b7 ,attempted murder 7#a7 ,generally ,except as provided in paragraph 7#b71 whoever attempts to commit a murder that is an offense under section #ajb shall be imprisoned not more than #bj years4 7#b7 ,special rule relating to congressional1 cabinet1 and supreme court assassinations and presidential and presidential staff assassinations ,if the offense attempted is against an individual described in paragraph 7#f7 or 7#g7 of section #ajb1 the penalty is imprisonment for any term of years or for life4 #ajd4 ,penalties for manslaughters punishable under section #ajb2 attempts 7a7 ,penalty for manslaughter ,a manslaughter that is an offense under section #ajb is punishable by-- 7#a7 imprisonment for not more than ten years1 for voluntary manslaughter2 and 7#b7 imprisonment for not more than six years1 for involuntary manslaughter4 7b7 ,attempted manslaughter ,whoever attempts to commit a manslaughter that would be punishable under section #ajb shall be imprisoned not more than #g years4 #aje4 ,misconduct or neglect of ship officers 7a7 ,officers ,every captain1 engineer1 pilot1 or other person employed on any steamboat or vessel1 by whose misconduct1 negligence1 or inattention to his duties on such vessel the life of any person is destroyed1 and every owner1 charterer1 inspector1 or other public officer1 through whose fraud1 neglect1 connivance1 misconduct1 or violation of law the life of any person is destroyed1 shall be imprisoned not more than ten years4 7b7 ,owners ,when the owner or charterer of any steamboat or vessel is a corporation1 any executive officer of such corporation1 for the time being actually charged with the control and management of the operation1 equipment1 or navigation of such steamboat or vessel1 who has knowingly caused or allowed such fraud1 neglect1 connivance1 misconduct1 or knowing violation of law1 by which the life of any person is destroyed1 shall be imprisoned not more than ten years4 ,b ,,assault ,,and ,,related ,,offenses #aaa4 ,assault4 #aab4 ,individuals federally protected from assault4 #aac4 ,interference with ,federal officers and employees4 #aad4 ,domestic assault by a habitual offender4 #aae4 ,transportation for purposes of female genital mutilation4 #aaa4 ,assault ,unless otherwise provided by ,act of ,congress1 if a ,federal law prohibits an assault against an individual1 the following punishments shall apply with respect to that offense3 7#a7 ,assault with intent to commit murder1 a felony under subchapter ,a of chapter #aj1 or with intent to maim1 disfigure1 or torture1 by imprisonment for not more than #bj years4 7#b7 ,assault with intent to commit any felony1 except murder or a felony under subchapter ,a of chapter #aj1 by imprisonment for not more than ten years4 7#c7 ,assault with a dangerous weapon1 with intent to do bodily harm1 and without just cause or excuse1 by imprisonment for not more than ten years4 7#d7 ,assault resulting in serious bodily injury1 by imprisonment for not more than ten years4 7#e7 ,assault resulting in substantial bodily injury to an individual who has not attained the age of #af years1 by imprisonment for not more than #e years4 7#f7 ,assault by striking1 beating1 or wounding1 by imprisonment for not more than six months4 7#g7 ,simple assault1 by imprisonment for not more than six months1 or if the victim of the assault is an individual who has not attained the age of #af years1 by imprisonment for not more than #a year4 #aab4 ,individuals federally protected from assault ,it is an offense to assault any individual whose killing is a ,federal offense under paragraph 7#a71 7#b71 7#c71 7#d71 7#f71 or 7#g7 of section #ajb4 #aac4 ,interference with ,federal officers and employees ,whoever interferes with any officer or employee of the ,united ,states or of any agency in any branch of the ,united ,states ,government 7including any member of the uniformed services7 while such officer or employee is engaged in or on account of the performance of official duties1 or any individual assisting such an officer or employee in the performance of such duties or on account of that assistance while that person is engaged in1 or on account of1 the performance1 official duties shall be imprisoned not more than one year4 #aad4 ,domestic assault by a habitual offender 7a7 ,in general ,whoever commits a domestic assault within the special maritime and territorial jurisdiction of the ,united ,states or ,indian country and who has a final conviction on at least #b separate prior occasions in ,federal1 ,state1 or ,indian tribal court proceedings for offenses that would be1 if subject to ,federal jurisdiction-- 7#a7 any assault1 sexual abuse1 or serious violent felony against a spouse or intimate partner2 or 7#b7 an offense under section #afa1 shall be imprisoned for a term of not more than #e years1 but if substantial bodily injury results from the offense under this section1 the offender shall be imprisoned for a term of not more than #aj years4 7b7 ,domestic assault defined ,in this section1 the term domestic assault means an assault committed by a current or former spouse1 parent1 child1 or guardian of the victim1 by a person with whom the victim shares a child in common1 by a person who is cohabitating with or has cohabitated with the victim as a spouse1 parent1 child1 or guardian1 or by a person similarly situated to a spouse1 parent1 child1 or guardian of the victim4 #aae4 ,transportation for purposes of female genital mutilation ,whoever1 in or affecting interstate or foreign commerce1 transports a person for purposes of circumcises1 excises1 or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of #ah years shall be fined under this title or imprisoned not more than #e years1 or both4 7b7 ,a surgical operation is not a violation of this section if the operation is-- 7#a7 necessary to the health of the person on whom it is performed1 and is performed by a person licensed in the place of its performance as a medical practitioner2 or 7#b7 performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner1 midwife1 or person in training to become such a practitioner or midwife4 ,c ,,kidnapping #aba4 ,kidnapping4 #abb4 ,ransom money4 #abc4 ,hostage taking4 #abd4 ,international parental kidnapping4 #aba4 ,kidnapping 7a7 ,basic offense ,except in the case of a child by the parent thereof1 whoever1 as made applicable by subsection 7b71 kidnaps an individual shall be imprisoned for any term of years or for life and1 if death results to any individual1 shall be punished by death or life imprisonment4 7b7 ,circumstances required ,subsection 7a7 applies if-- 7#a7 the victim is transported in interstate or foreign commerce2 7#b7 the victim's body is transported in interstate or foreign commerce and the victim was alive when the transportation began2 7#c7 the offender travels in interstate or foreign commerce or uses the mail or any means1 facility1 or instrumentality of interstate or foreign commerce in committing or in furtherance of the commission of the offense2 or 7#d7 the victim is an individual whose killing is a ,federal offense under paragraph 7#a71 7#b71 7#d71 7#f71 or 7#g7 of section #ajb4 7c7 ,presumption ,with respect to a violation of subsection 7a71 based on the circumstance described in subsection 7b77#a71 the failure to release the victim within #bd hours after the victim was kidnapped creates a rebuttable presumption that the victim has been transported in interstate or foreign commerce4 ,however1 the fact that the presumption under this section has not yet taken effect does not preclude a ,federal investigation of a possible violation of this section4 7d7 ,attempts ,whoever attempts to violate subsection 7a7 shall be punished by imprisonment for not more than #bj years but if the individual whose kidnapping was attempted is described in paragraph 7#f7 or 7#g7 of section #ajb1 the offender shall be imprisoned for any term of years or for life4 7e7 ,special rule for certain offenses involving children ,if the victim of an offense under this section is a minor and the offender-- 7#a7 is not a minor2 and 7#b7 is not-- 7,a7 a parent2 7,b7 a grandparent2 7,c7 a brother2 7,d7 a sister2 7,e7 an aunt2 7,f7 an uncle2 or 7,g7 an individual having legal custody of the victim2 the sentence under this section for such offense shall include imprisonment for not less than #bj years4 7f7 ,definition ,as used in this section1 the term parent does not include a person whose parental rights with respect to the victim of an offense under this section have been terminated by a final court order4 #abb4 ,ransom money 7a7 ,federal ,whoever receives1 possesses1 or disposes of any money or other property1 or any portion thereof1 which has at any time been delivered as ransom or reward in connection with a violation of section #aba1 knowing it to be such1 shall be imprisoned not more than ten years4 7b7 ,state ,whoever transports1 transmits1 or transfers in interstate or foreign commerce any proceeds of a kidnapping punishable under ,state law by imprisonment for more than #a year1 or receives1 possesses1 conceals1 or disposes of any such proceeds after they have crossed a ,state or ,united ,states boundary1 knowing the proceeds to have been unlawfully obtained1 shall be imprisoned not more than #aj years4 #abc4 ,hostage taking 7a7 ,offense ,except as provided in subsection 7b7 of this section1 whoever1 whether inside or outside the ,united ,states1 seizes or detains and threatens to kill1 to injure1 or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained shall be punished by imprisonment for any term of years or for life and1 if the death of any person results1 shall be punished by death or life imprisonment4 7b7 ,exclusions 7#a7 ,it is not an offense under this section if the conduct required for the offense occurred outside the ,united ,states unless-- 7,a7 the offender or the person seized or detained is a national of the ,united ,states2 7,b7 the offender is found in the ,united ,states2 or 7,c7 the governmental organization sought to be compelled is the ,government of the ,united ,states4 7#b7 ,it is not an offense under this section if the conduct required for the offense occurred inside the ,united ,states1 each alleged offender and each person seized or detained are nationals of the ,united ,states1 and each alleged offender is found in the ,united ,states1 unless the governmental organization sought to be compelled is the ,government of the ,united ,states4 #abd4 ,international parental kidnapping 7a7 ,offense ,whoever removes a child from the ,united ,states1 or attempts to do so1 or retains a child 7who has been in the ,united ,states7 outside the ,united ,states with intent to obstruct the lawful exercise of parental rights shall be imprisoned not more than #c years4 7b7 ,definitions ,as used in this section-- 7#a7 the term child means a person who has not attained the age of #af years2 and 7#b7 the term parental rights1 with respect to a child1 means the right to physical custody of the child-- 7,a7 whether joint or sole 7and includes visiting rights72 and 7,b7 whether arising by operation of law1 court order1 or legally binding agreement of the parties4 7c7 ,affirmative defense ,it is an affirmative defense under this section that-- 7#a7 the defendant acted within the provisions of a valid court order granting the defendant legal custody or visitation rights and that order was obtained pursuant to the ,uniform ,child ,custody ,jurisdiction ,act or the ,uniform ,child ,custody ,jurisdiction and ,enforcement ,act and was in effect at the time of the offense2 7#b7 the defendant was fleeing an incidence or pattern of domestic violence2 or 7#c7 the defendant had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control1 and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within #bd hours after the visitation period had expired and returned the child as soon as possible4 7d7 ,effect on ,hague ,convention ,this section does not limit ,the ,hague ,convention on the ,civil ,aspects of ,international ,parental ,child ,abduction1 done at ,the ,hague on ,october #be1 #aihj4 ,d ,,threats ,,against ,,specially ,,protected ,,persons #aca4 ,threats against officers or employees of the ,united ,states1 and other specially protected persons4 #aca4 ,threats against officers or employees of the ,united ,states1 and other specially protected persons ,whoever threatens to kill1 kidnap1 or inflict bodily harm upon-- 7#a7 an individual described in paragraph 7#b7 or 7#c7 of section #ajb on account of the performance of official duties2 7#b7 an individual described in paragraph 7#d71 7#f71 or 7#g7 of section #ajb2 7#c7 a former ,president of the ,united ,states2 7#d7 a member of the family of the ,president1 the ,president-elect1 the ,vice ,president1 or the ,vice ,president-elect2 7#e7 a major candidate for the office of ,president or ,vice ,president1 or a member of the family of such candidate2 or 7#f7 a person protected by the ,secret ,service under section #cjef7;a77#f72 shall be imprisoned for not more than #aj years4 ,e ,,definitions ,,and ,,general ,,provisions ,,for ,,subchapters ,a ,,through ,d #acf4 ,definitions for subchapters ,a through ,d4 #acg4 ,special rules relating to offenses against certain types of victims4 #acf4 ,definitions for subchapters ,a through ,d ,unless otherwise provided1 in subchapters ,a through ,d1 the following definitions apply3 7#a7 ,the term family1 with respect to an individual1 means-- 7,a7 a spouse1 parent1 brother or sister1 child1 or person to whom the individual stands in loco parentis2 or 7,b7 any other person living in the individual's household and related to the individual by blood or marriage4 7#b7 ,the term foreign government means the government of a foreign country1 irrespective of recognition by the ,united ,states4 7#c7 ,the term foreign official means-- 7,a7 a ,chief of ,state or the political equivalent1 ,president1 ,vice ,president1 ,prime ,minister1 ,ambassador1 ,foreign ,minister1 or other officer of ,cabinet rank or above of a foreign government or the chief executive officer of an international organization1 or any person who has previously served in such capacity1 and any member of his family1 while in the ,united ,states2 or 7,b7 any person of a foreign nationality who is duly notified to the ,united ,states as an officer or employee of a foreign government or international organization1 and who is in the ,united ,states on official business1 and any member of that person's family whose presence in the ,united ,states is in connection with the presence of such officer or employee4 7#d7 ,the term internationally protected person means an individual who is-- 7,a7 a ,chief of ,state or the political equivalent1 head of government1 or ,foreign ,minister whenever such person is in a country other than his own and any member of that individual's family accompanying that individual2 or 7,b7 any other representative1 officer1 employee1 or agent of the ,united ,states ,government1 a foreign government1 or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person1 freedom1 or dignity1 and any member of that individual's family then forming part of his household4 7#e7 ,the term international organization means a public international organization designated as such pursuant to section #a of the ,international ,organizations ,immunities ,act or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs4 7#f7 ,the term official guest means a citizen or national of a foreign country present in the ,united ,states as an official guest of the ,government of the ,united ,states pursuant to designation as such by the ,secretary of ,state4 7#g7 ,the terms ,president-elect and ,vice ,president-elect mean those persons who are the apparently successful candidates for the offices of ,president and ,vice ,president1 respectively1 as ascertained from the result of the general elections held to determine the electors of ,president and ,vice ,president under sections #a and #b of title #c4 #acg4 ,special rules relating to offenses against certain types of victims 7a7 ,extraterritorial jurisdiction 7#a7 ,presidential and congressional victims ,there is extraterritorial jurisdiction over an offense under any of subchapters ,a through ,d against a victim described in paragraph 7#f7 or 7#g7 of section #ajb4 7#b7 ,internationally protected persons ,there is extraterritorial jurisdiction over an offense under any of subchapters ,a through ,d the victim of which is an internationally protected person outside the ,united ,states1 if-- 7,a7 the victim is a representative1 officer1 employee1 or agent of the ,united ,states2 7,b7 an offender is a national of the ,united ,states2 or 7,c7 an offender is afterwards found in the ,united ,states4 7b7 ,use of military with respect to certain offenses ,with respect to an offense under this chapter1 or an attempt or conspiracy to commit such an offense1 if an element of the offense is that the victim be individual described in paragraph 7#f7 or 7#g7 of section #ajb1 a foreign official1 an internationally protected person1 or an official guest1 the ,attorney ,general may request assistance from any ,federal1 ,state1 or local agency1 including the ,army1 ,navy1 and ,air ,force4 7c7 ,special provisions relating to offenses involving ,presidential or congressional victims ,with respect to an offense under paragraph 7#f7 or 7#g7 of section #ajb-- 7#a7 if ,federal investigative or prosecutive jurisdiction is asserted1 that assertion suspends the exercise of jurisdiction by a ,state or local authority1 under any applicable ,state or local law1 until ,federal action is terminated2 7#b7 the ,federal ,bureau of ,investigation shall have investigative authority2 and 7#c7 in a prosecution1 the ,government need not prove that the defendant knew that the victim of the offense was an individual who is protected by that paragraph4 7d7 ,actions required for certain homicide prosecutions ,no prosecution shall be undertaken for an offense under section #ajb7h7 unless the named official takes one of the following actions3 7#a7 ,in the case of any such prosecution1 the ,attorney ,general or the highest ranking subordinate of the ,attorney ,general with responsibility for criminal prosecutions certifies that1 in the judgment of the certifying official1 such offense was intended to coerce1 intimidate1 or retaliate against a government or a civilian population4 7#b7 7,a7 ,in the case of a killing by a national of the ,united ,states within the jurisdiction of another country1 the ,attorney ,general1 the ,deputy ,attorney ,general1 or an ,assistant ,attorney ,general approves the prosecution1 which function of approving prosecutions may not be delegated4 7,b7 ,no prosecution shall be approved under this paragraph if prosecution has been previously undertaken by a foreign country for the same conduct4 ,no prosecution shall be approved under this paragraph unless the ,attorney ,general1 in consultation with the ,secretary of ,state1 determines that the conduct took place in a country in which the person is no longer present1 and the country lacks the ability to lawfully secure the person's return4 ,a determination by the ,attorney ,general under this paragraph is not subject to judicial review4 ,f ,,robbery1 ,,extortion1 ,,and ,,related ,,threats #ada4 ,robbery in special maritime and territorial jurisdiction4 #adb4 ,robbery of personal property of ,united ,states4 #adc4 ,bank robbery and incidental crimes4 #add4 ,communication of ransom demands and other threatening communications in or affecting commerce4 #ade4 ,extortion by officers or employees of the ,united ,states4 #adf4 ,receiving the proceeds of extortion4 #ada4 ,robbery in special maritime and territorial jurisdiction ,whoever1 within the special maritime and territorial jurisdiction of the ,united ,states1 by force and violence1 or by intimidation1 takes or attempts to take from the person or presence of another anything of value1 shall be imprisoned not more than #ae years4 #adb4 ,robbery of personal property of ,united ,states ,whoever robs or attempts to rob another of any kind or description of personal property belonging to the ,united ,states1 shall be imprisoned not more than #ae years4 #adc4 ,bank robbery and incidental crimes 7a7 ,bank robbery ,whoever-- 7#a7 by force and violence1 or by intimidation1 takes1 or attempts to take1 from the person or presence of another1 or obtains or attempts to obtain by extortion any property or money or any other thing of value belonging to1 or in the care1 custody1 control1 management1 or possession of1 any bank1 credit union1 or any savings and loan association2 or 7#b7 enters or attempts to enter any bank1 credit union1 or any savings and loan association1 or any building used in whole or in part as a bank1 credit union1 or as a savings and loan association1 with intent to commit in such bank1 credit union1 or in such savings and loan association1 or building1 or part thereof1 so used1 any felony affecting such bank1 credit union1 or such savings and loan association and in violation of any statute of the ,united ,states1 or any larceny2 shall be imprisoned not more than #bj years4 7b7 ,theft of property over #a1jjj in value ,whoever takes and carries away1 with intent to steal or purloin any property or money or any other thing of value exceeding #a1jjj belonging to1 or in the care1 custody1 control1 management1 or possession of any bank1 credit union1 or any savings and loan association1 shall be imprisoned not more than ten years4 7c7 ,theft of property of #a1jjj or less in value ,whoever takes and carries away1 with intent to steal or purloin1 any property or money or any other thing of value not exceeding #a1jjj belonging to1 or in the care1 custody1 control1 management1 or possession of any bank1 credit union1 or any savings and loan association1 shall be imprisoned not more than one year4 7d7 ,receiving stolen bank property ,whoever receives1 possesses1 conceals1 stores1 barters1 sells1 or disposes of any property or money or other thing of value which has been taken or stolen from a bank1 credit union1 or savings and loan association in violation of subsection 7b7 or 7c71 knowing the same to be property which has been stolen shall be subject to the punishment provided in subsection 7b7 or 7c7 for the taker4 7e7 ,assaulting person or placing life in jeopardy ,whoever1 in committing1 or in attempting to commit1 any offense defined in subsections 7a7 through 7c71 assaults any person1 or puts in jeopardy the life of any person by the use of a dangerous weapon or device1 shall be imprisoned not more than #be years4 7f7 ,killing and kidnapping ,whoever1 in committing any offense defined in this section1 or in avoiding or attempting to avoid apprehension for the commission of such offense1 or in freeing himself or attempting to free himself from arrest or confinement for such offense1 kills any person1 or forces any person to accompany him without the consent of such person1 shall be imprisoned not less than ten years1 or if death results shall be punished by death or life imprisonment4 7g7 ,definitions ,as used in this section-- 7#a7 the term bank means any member bank of the ,federal ,reserve ,system1 and any bank1 banking association1 trust company1 savings bank1 or other banking institution organized or operating under the laws of the ,united ,states1 including a branch or agency of a foreign bank 7as such terms are defined in paragraphs 7#a7 and 7#c7 of section #a7;b7 of the ,international ,banking ,act of #aigh71 and any institution the deposits of which are insured by the ,federal ,deposit ,insurance ,corporation2 7#b7 the term credit union means any ,federal credit union and any ,state-chartered credit union the accounts of which are insured by the ,national ,credit ,union ,administration ,board1 and any ,federal credit union as defined in section #b of the ,federal ,credit ,union ,act2 7#c7 the term ,state-chartered credit union includes a credit union chartered under the laws of a ,state2 and 7#d7 the term savings and loan association means-- 7,a7 a ,federal savings association or ,state savings association 7as defined in section #c7;b7 of the ,federal ,deposit ,insurance ,act7 having accounts insured by the ,federal ,deposit ,insurance ,corporation2 and 7,b7 a corporation described in section #c7;b77#a77;,c7 of the ,federal ,deposit ,insurance ,act that is operating under the laws of the ,united ,states4 #add4 ,communication of ransom demands and other threatening communications in or affecting commerce 7a7 ,kidnap ransom ,whoever knowingly transmits1 in or affecting interstate or foreign commerce1 any communication containing any demand or request for a ransom or reward for the release of any kidnapped person shall be imprisoned not more than #bj years4 7b7 ,threats ,to kidnap or injure ,whoever1 with intent to extort from any person any money or other thing of value1 knowingly transmits1 in or affecting interstate commerce1 any communication containing any threat to kidnap any person or any threat to injure the person of another1 shall be imprisoned not more than #bj years4 7c7 ,threats to property or reputation with intent ,to extort ,whoever1 with intent to extort from any person any money or other thing of value1 knowingly transmits1 in or affecting interstate or foreign commerce1 any communication containing any threat-- 7#a7 to injure the property or reputation of another or the reputation of a deceased person2 or 7#b7 to accuse another of a crime2 shall be imprisoned not more than #aj years4 #ade4 ,extortion by officers or employees of the ,united ,states ,whoever1 being an officer1 or employee of the ,united ,states or any department or agency thereof1 or representing oneself to be or assuming to act as such1 under color or pretense of office or employment commits or attempts an act of extortion1 shall be imprisoned not more than three years2 but if the amount so extorted or demanded does not exceed #a1jjj1 the offender shall be imprisoned not more than one year4 #adf4 ,receiving the proceeds of extortion ,whoever receives1 possesses1 conceals1 or disposes of any money or other property which was obtained from the commission of any offense under this subchapter that is punishable by imprisonment for more than #a year1 knowing the same to have been unlawfully obtained1 shall be imprisoned not more than #c years4 ,g ,,extortionate ,,credit ,,transactions #aee4 ,making extortionate extensions of credit4 #aef4 ,financing extortionate extensions of credit4 #aeg4 ,collection of extensions of credit by extortionate means4 #aeh4 ,definitions and rules of construction4 #aee4 ,making extortionate extensions of credit 7a7 ,offense ,whoever makes any extortionate extension of credit shall be imprisoned not more than #bj years4 7b7 ,prima facie evidence of extortionate transaction ,in any prosecution under this section1 if it is shown that all of the following factors were present in connection with the extension of credit in question1 there is prima facie evidence that the extension of credit was extortionate3 7#a7 ,the repayment of the extension of credit1 or the performance of any promise given in consideration thereof1 would be unenforceable1 through civil judicial processes against the debtor-- 7,a7 in the jurisdiction within which the debtor1 if a natural person1 resided2 or 7,b7 in every jurisdiction within which the debtor1 if other than a natural person1 was incorporated or qualified to do business at the time the extension of credit was made4 7#b7 ,the extension of credit was made at a rate of interest in excess of an annual rate of #de per centum calculated according to the actuarial method of allocating payments made on a debt between principal and interest1 pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal4 7#c7 ,at the time the extension of credit was made1 the debtor reasonably believed that either-- 7,a7 one or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means1 or the nonrepayment thereof had been punished by extortionate means2 or 7,b7 the creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof4 7#d7 ,upon the making of the extension of credit1 the total of the extensions of credit by the creditor to the debtor then outstanding1 including any unpaid interest or similar charges1 exceeded #ajj4 7c7 ,reputation evidence ,in any prosecution under this section1 if evidence is introduced tending to show the existence of any of the circumstances described in subsection 7b77#a7 or 7b77#b71 and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available1 then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made1 the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension4 #aef4 ,financing extortionate extensions of credit ,whoever knowingly advances money or property1 whether as a gift1 as a loan1 as an investment1 pursuant to a partnership or profit-sharing agreement1 or otherwise1 to any person1 with reason to believe that it is the intention of that person to use the money or property so advanced directly or indirectly for the purpose of making extortionate extensions of credit1 shall be imprisoned not more than #bj years4 #aeg4 ,collection of extensions of credit by extortionate means ,whoever knowingly uses any extortionate means-- 7#a7 to collect or attempt to collect any extension of credit2 or 7#b7 to punish any person for nonrepayment of an extension of credit2 shall be imprisoned not more than #bj years4 #aeh4 ,definitions and rules of construction ,as used in this subchapter3 7#a7 ,to extend credit means to make or renew any loan1 or to enter into any agreement1 tacit or express1 whereby the repayment or satisfaction of any debt or claim1 whether acknowledged or disputed1 valid or invalid1 and however arising1 may or will be deferred4 7#b7 ,the term creditor1 with reference to any given extension of credit1 refers to any person making that extension of credit1 or to any person claiming by1 under1 or through any person making that extension of credit4 7#c7 ,the term debtor1 with reference to any given extension of credit1 refers to any person to whom that extension of credit is made1 or to any person who guarantees the repayment of that extension of credit1 or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom that extension of credit is made to repay the same4 7#d7 ,the repayment of any extension of credit includes the repayment1 satisfaction1 or discharge in whole or in part of any debt or claim1 acknowledged or disputed1 valid or invalid1 resulting from or in connection with that extension of credit4 7#e7 ,to collect an extension of credit means to induce in any way any person to make repayment thereof4 7#f7 ,an extortionate extension of credit is any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person1 reputation1 or property of any person4 7#g7 ,an extortionate means is any means which involves the use1 or an express or implicit threat of use1 of violence or other criminal means to cause harm to the person1 reputation1 or property of any person4 7#h7 ,state law1 including conflict of laws rules1 governing the enforceability through civil judicial processes of repayment of any extension of credit or the performance of any promise given in consideration thereof shall be judicially noticed4 ,this paragraph does not impair any authority which any court would otherwise have to take judicial notice of any matter of ,state law4 ,h ,,domestic ,,violence #afa4 ,interstate domestic violence2 interstate stalking2 interstate violations of custody orders4 #afb4 ,pretrial release of defendant4 #afc4 ,full faith and credit given to protection orders4 #afd4 ,definitions4 #afe4 ,repeat offenders4 #afa4 ,interstate domestic violence2 interstate stalking2 interstate violations of custody orders 7a7 ,offenses ,whoever-- 7#a7 travels in interstate or foreign commerce or enters or leaves ,indian country or within the special maritime and territorial jurisdiction of the ,united ,states with the intent to kill1 injure1 harass1 or intimidate a spouse1 intimate partner1 or dating partner1 and who1 in the course of or as a result of such travel1 commits or attempts to commit a crime of violence against that spouse1 intimate partner1 or dating partner2 7#b7 causes a spouse1 intimate partner1 or dating partner to travel in interstate or foreign commerce or to enter or leave ,indian country or within the special maritime and territorial jurisdiction of the ,united ,states by force1 coercion1 duress1 or fraud1 and who1 in the course of1 as a result of1 or to facilitate such conduct or travel1 commits or attempts to commit a crime of violence against that spouse1 intimate partner1 or dating partner2 7#c7 travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the ,united ,states1 or enters or leaves ,indian country1 with the intent to kill1 injure1 harass1 or place under surveillance with intent to kill1 injure1 harass1 or intimidate another person1 and in the course of1 or as a result of1 such travel places that person in reasonable fear of the death of1 or serious bodily injury to1 or causes substantial emotional distress to that person1 a member of the family 7as defined in section #acf7 of that person1 or the spouse or intimate partner of that person2 or 7#d7 with the intent-- 7,a7 to kill1 injure1 harass1 or place under surveillance with intent to kill1 injure1 harass1 or intimidate1 or cause substantial emotional distress to a person in another ,state or tribal jurisdiction or within the special maritime and territorial jurisdiction of the ,united ,states2 or 7,b7 to place a person in another ,state or tribal jurisdiction1 or within the special maritime and territorial jurisdiction of the ,united ,states1 in reasonable fear of the death of1 or serious bodily injury to-- 7i7 that person2 7ii7 a member of the family 7as defined in section #acf7 of that person2 or 7iii7 a spouse or intimate partner of that person2 uses the mail1 any interactive computer service1 or any facility of interstate or foreign commerce to engage in a course of conduct that causes substantial emotional distress to that person or places that person in reasonable fear of the death of1 or serious bodily injury to1 any of the persons described in clauses 7i7 through 7iii7 of subparagraph 7,b72 7#e7 travels in interstate or foreign commerce1 or enters or leaves ,indian country1 with the intent to engage in conduct that violates the portion of a protection order that prohibits or provides protection against violence1 threats1 or harassment against1 contact or communication with1 or physical proximity to1 another person1 or that would violate such a portion of a protection order in the jurisdiction in which the order was issued1 and subsequently engages in such conduct2 or 7#f7 causes another person to travel in interstate or foreign commerce or to enter or leave ,indian country by force1 coercion1 duress1 or fraud1 and in the course of1 as a result of1 or to facilitate such conduct or travel engages in conduct that violates the portion of a protection order that prohibits or provides protection against violence1 threats1 or harassment against1 contact or communication with1 or physical proximity to1 another person1 or that would violate such a portion of a protection order in the jurisdiction in which the order was issued2 shall be punished as provided in subsection 7b74 7b7 ,punishment 7#a7 ,in general ,whoever violates subsection 7a7 shall be imprisoned-- 7,a7 for life or any term of years1 if death of the victim results2 7,b7 for not more than #bj years1 if permanent disfigurement or life threatening bodily injury to the victim results2 7,c7 for not more than #aj years1 if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense2 7,d7 as provided for the applicable conduct under subchapter ,a of chapter #ac1 if the offense would constitute an offense under that subchapter if the offense had occurred within the special maritime and territorial jurisdiction of the ,united ,states2 and 7,e7 for not more than #e years1 in any other case4 7#b7 ,special rule ,whoever violates paragraph 7#c7 or 7#d7 of subsection 7a7 in violation of a temporary or permanent civil or criminal injunction1 restraining order1 no-contact order1 or other order described in section #afd shall be punished by imprisonment for not less than #a year4 #afb4 ,pretrial release of defendant ,in any proceeding pursuant to section #cadb for the purpose of determining whether a defendant charged under this subchapter shall be released pending trial1 or for the purpose of determining conditions of such release1 the alleged victim shall be given an opportunity to be heard regarding the danger posed by the defendant4 #afc4 ,full faith and credit given to protection orders 7a7 ,full faith and credit ,any protection order issued that is consistent with subsection 7b7 of this section by the court of one ,state or ,indian tribe 7the issuing ,state or ,indian tribe7 shall be accorded full faith and credit by the court of another ,state or ,indian tribe1 7the enforcing ,state or ,indian tribe7 and enforced by the court and law enforcement personnel of the other ,state or ,indian tribe as if it were the order of the enforcing ,state or ,indian tribe4 7b7 ,protection order ,a protection order issued by a ,state1 tribal1 or territorial court is consistent with this subsection if-- 7#a7 such court has jurisdiction over the parties and matter under the law of such ,state or ,indian tribe2 and 7#b7 reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person's right to due process2 and in the case of ex parte orders1 notice and opportunity to be heard must be provided within the time required by ,state1 tribal1 or territorial law1 and in any event within a reasonable time after the order is issued1 sufficient to protect the respondent's due process rights4 7c7 ,cross or counter petition ,a protection order issued by a ,state1 tribal1 or territorial court against one who has petitioned1 filed a complaint1 or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit if-- 7#a7 no cross or counter petition1 complaint1 or other written pleading was filed seeking such a protection order2 or 7#b7 a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order4 7d7 ,notification and registration 7#a7 ,notification ,a ,state or ,indian tribe according full faith and credit to an order by a court of another ,state or ,indian tribe shall not notify or require notification of the party against whom a protection order has been issued that the protection order has been registered or filed in that enforcing ,state1 tribal1 or territorial jurisdiction unless requested to do so by the party protected under such order4 7#b7 ,no prior registration or filing as prerequisite for enforcement ,any protection order that is otherwise consistent with this section shall be accorded full faith and credit1 notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing ,state1 tribal1 or territorial jurisdiction4 7#c7 ,limits on internet publication of registration information ,a ,state or ,indian tribe shall not make available publicly on the ,internet any information regarding the registration1 filing of a petition for1 or issuance of a protection order1 restraining order1 or injunction in either the issuing or enforcing ,state1 tribal1 or territorial jurisdiction1 if such publication would be likely to publicly reveal the identity or location of the party protected under such order4 ,a ,state or ,indian tribe may share court-generated and law-enforcement-generated information contained in secure1 governmental registries for protection order enforcement purposes4 7e7 ,tribal court jurisdiction ,for purposes of this section1 a tribal court shall have full civil jurisdiction to enforce protection orders1 including authority to enforce any orders through civil contempt proceedings1 exclusion of violators from ,indian lands1 and other appropriate mechanisms1 in matters arising within the authority of the tribe4 #afd4 ,definitions ,as used in this subchapter-- 7#a7 the term course of conduct means a pattern of conduct composed of #b or more acts1 demonstrating a continuity of purpose2 7#b7 the term enter or leave ,indian country includes leaving the jurisdiction of one tribal government and entering the jurisdiction of another tribal government2 7#c7 the term protection order includes-- 7,a7 any injunction1 restraining order1 or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against1 sexual violence1 or contact or communication with or physical proximity to1 another person1 including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint1 petition1 or motion filed by or on behalf of a person seeking protection2 and 7,b7 any support1 child custody or visitation provisions1 orders1 remedies or relief issued as part of a protection order1 restraining order1 or injunction pursuant to ,state1 tribal1 territorial1 or local law authorizing the issuance of protection orders1 restraining orders1 or injunctions for the protection of victims of domestic violence1 sexual assault1 dating violence1 or stalking2 7#d7 the term spouse or intimate partner includes-- 7,a7 for purposes of-- 7i7 all provisions except paragraphs 7#c7 and 7#d7 of section #afa-- 7,i7 a spouse or former spouse of the abuser1 a person who shares a child in common with the abuser1 and a person who cohabits or has cohabited as a spouse with the abuser2 or 7,,ii7 a person who is or has been in a social relationship of a romantic or intimate nature with the abuser1 as determined by the length of the relationship1 the type of relationship1 and the frequency of interaction between the persons involved in the relationship2 and 7ii7 paragraphs 7#c7 and 7#d7 of section #afa-- 7,i7 a spouse or former spouse of the target of the stalking1 a person who shares a child in common with the target of the stalking1 and a person who cohabits or has cohabited as a spouse with the target of the stalking2 or 7,,ii7 a person who is or has been in a social relationship of a romantic or intimate nature with the target of the stalking1 as determined by the length of the relationship1 the type of the relationship1 and the frequency of interaction between the persons involved in the relationship2 and 7,b7 any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the ,state or tribal jurisdiction in which the injury occurred or where the victim resides2 7#e7 the term travel in interstate or foreign commerce does not include travel from one ,state to another by an individual who is a member of an ,indian tribe and who remains at all times in the territory of the ,indian tribe of which the individual is a member2 and 7#f7 the term dating partner refers to a person who is or has been in a social relationship of a romantic or intimate nature with the abuser2 and the existence of such a relationship is based on a consideration of-- 7,a7 the length of the relationship2 7,b7 the type of relationship2 and 7,c7 the frequency of interaction between the persons involved in the relationship4 #afe4 ,repeat offenders 7a7 ,maximum term of imprisonment ,the maximum term of imprisonment for a violation of this subchapter after a prior domestic violence or stalking offense shall be twice the term otherwise provided under this subchapter4 7b7 ,definition ,as used in this section1 the term prior domestic violence or stalking offense means a conviction for an offense-- 7#a7 under section #afa2 or 7#b7 under ,state law for an offense consisting of conduct that would have been an offense under section #afa if the conduct had occurred within the special maritime and territorial jurisdiction of the ,united ,states1 or in interstate or foreign commerce4 ,i ,,protection ,,of ,,unborn ,,children #aga4 ,protection of unborn children4 #agb4 ,partial-birth abortions prohibited4 #aga4 ,protection of unborn children 7a7 ,offense 7#a7 ,whoever engages in conduct that violates any of the provisions of law listed in subsection 7b7 and thereby causes the death of1 or bodily injury to1 a child1 who is in utero at the time the conduct takes place1 is guilty of a separate offense under this section4 7#b7 7,a7 ,except as otherwise provided in this paragraph1 the punishment for that separate offense is the same as the punishment provided under ,federal law for that conduct had that injury or death occurred to the unborn child's mother4 7,b7 ,an offense under this section does not require proof that-- 7i7 the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant2 or 7ii7 the defendant intended to cause the death of1 or bodily injury to1 the unborn child4 7,c7 ,if the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child1 that person shall instead of being punished under subparagraph 7,a7 and subject to subparagraph 7,d71 be punished as provided under subchapter ,a for the like offense4 7,d7 ,notwithstanding any other provision of law1 the death penalty shall not be imposed for an offense under this section4 7b7 ,provisions referred to ,the provisions referred to in subsection 7a7 are the following3 7#a7 ,sections #ajb1 #aab1 #aba1 #abc1 #aca1 #adc1 #afa1 #bja7;a77#a71 #bjd1 #bga1 #bgc1 #eja1 #ejb1 #ejf1 #ejg1 #ehd7;j71 #eic1 #fja1 #fad7;d71 7f71 7h77#a71 and 7i71 #fca1 #hgc1 #hib1 #hie1 #hig1 #hih1 #aaca1 #aacb1 #aacg1 #aach1 #abjd7;a71 #abaf1 #abia1 #abif1 #acje1 #acca1 #acde1 and #acgc4 7#b7 ,section #bjb of the ,atomic ,energy ,act of #aied4 7c7 ,rule of construction ,nothing in this section shall be construed to permit the prosecution-- 7#a7 of any person for conduct relating to an abortion for which the consent of the pregnant woman1 or a person authorized by law to act on her behalf1 has been obtained or for which such consent is implied by law2 7#b7 of any person for any medical treatment of the pregnant woman or her unborn child2 or 7#c7 of any woman with respect to her unborn child4 7d7 ,definitions ,as used in this section-- 7#a7 the term unborn child means a child in utero2 and 7#b7 the term child in utero or child1 who is in utero means a member of the species ,homo sapiens1 at any stage of development1 who is carried in the womb4 #agb4 ,partial-birth abortions prohibited 7a7 ,offense ,any physician who1 in or affecting interstate or foreign commerce1 knowingly performs a partial-birth abortion and thereby kills a human fetus shall be imprisoned not more than #b years4 ,this subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder1 physical illness1 or physical injury1 including a life-endangering physical condition caused by or arising from the pregnancy itself4 7b7 ,definitions ,as used in this section-- 7#a7 the term partial-birth abortion means an abortion in which the person performing the abortion-- 7,a7 deliberately and intentionally vaginally delivers a living fetus until1 in the case of a head-first presentation1 the entire fetal head is outside the body of the mother1 or1 in the case of breech presentation1 any part of the fetal trunk past the navel is outside the body of the mother1 for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus2 and 7,b7 performs the overt act1 other than completion of delivery1 that kills the partially delivered living fetus2 and 7#b7 the term physician means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the ,state in which the doctor performs such activity1 or any other individual legally authorized by the ,state to perform abortions1 but any individual who is not a physician or not otherwise legally authorized by the ,state to perform abortions1 but who nevertheless directly performs a partial-birth abortion1 shall be subject to the provisions of this section4 7c7 ,civil action 7#a7 ,the father1 if married to the mother at the time she receives a partial-birth abortion procedure1 and if the mother has not attained the age of #ah years at the time of the abortion1 the maternal grandparents of the fetus1 may in a civil action obtain appropriate relief1 unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion4 7#b7 ,such relief shall include-- 7,a7 money damages for all injuries1 psychological and physical1 occasioned by the violation of this section2 and 7,b7 statutory damages equal to three times the cost of the partial-birth abortion4 7d7 ,hearing 7#a7 ,a defendant accused of an offense under this section may seek a hearing before the ,state ,medical ,board on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder1 physical illness1 or physical injury1 including a life-endangering physical condition caused by or arising from the pregnancy itself4 7#b7 ,the findings on that issue are admissible on that issue at the trial of the defendant4 ,upon a motion of the defendant1 the court shall delay the beginning of the trial for not more than #cj days to permit such a hearing to take place4 7e7 ,exclusion ,a woman upon whom a partial-birth abortion is performed may not be prosecuted under this section1 for a conspiracy to violate this section1 or for an offense under section #b1 #c1 or #d based on a violation of this section4 #ac ,,sex ,,crimes ,subchapter ,a4 ,sexual abuse ,b4 ,transport for illegal sexual activity ,c4 ,sexual exploitation of children ,d4 ,sex offender registry ,e4 ,general provisions and definitions ,a ,,sexual ,,abuse #bja4 ,sexual abuse4 #bjb4 ,abusive sexual contact4 #bjc4 ,special rules and defenses4 #bjd4 ,sexual abuse resulting in death4 #bje4 ,definitions for subchapter4 #bja4 ,sexual abuse 7a7 ,offenses ,as made applicable and punished in subsection 7b71 the following offenses have the following elements3 7#a7 ,aggravated sexual abuse of a child ,whoever-- 7,a7 knowingly engages in a sexual act with another person-- 7i7 who has not attained the age of #ab years2 or 7ii7 who has attained the age of #ab years but has not attained the age of #af years 7and is at least #d years younger than the person so engaging72 or 7,b7 crosses a state line with the intent to engage in a sexual act with a person who has not attained the age of #ab years2 is guilty of aggravated sexual abuse of a child4 7#b7 ,aggravated sexual abuse ,whoever-- 7,a7 knowingly causes another person to engage in a sexual act-- 7i7 by using force against that other person2 or 7ii7 by threatening or placing that other person in fear that any person will be subjected to death1 serious bodily injury1 substantial risk of unconsciousness1 or kidnapping2 or 7,b7 knowingly-- 7i7 renders another person unconscious and thereby engages in a sexual act with that other person2 or 7ii7 administers to another person by force or threat of force1 or without the knowledge or permission of that person1 a drug1 intoxicant1 or other similar substance and thereby-- 7,i7 substantially impairs the ability of that other person to appraise or control conduct2 and 7,,ii7 engages in a sexual act with that other person2 is guilty of aggravated sexual abuse4 7#c7 ,sexual abuse ,whoever knowingly-- 7,a7 causes another person to engage in a sexual act by threatening or placing that other person in fear 7other than by threatening or placing that other person in fear that any person will be subjected to death1 serious bodily injury1 substantial risk of unconsciousness1 or kidnapping72 or 7,b7 engages in a sexual act with another person if that other person is-- 7i7 incapable of appraising the nature of the conduct2 or 7ii7 physically incapable of declining participation in1 or communicating unwillingness to engage in1 that sexual act2 is guilty of sexual abuse4 7#d7 ,sexual abuse of a ward ,whoever knowingly engages in a sexual act with another person who is-- 7,a7 in official detention2 and 7,b7 under the custodial1 supervisory1 or disciplinary authority of the person so engaging2 is guilty of sexual abuse of a ward4 7b7 ,penalties and circumstances for ,federal offense 7#a7 ,penalties 7,a7 ,aggravated sexual abuse of a child ,whoever commits aggravated sexual abuse of a child in a place described in paragraph 7#b7 or by crossing a ,state line with the intent to engage in a sexual act with a person who has not attained the age of #ab years shall be imprisoned not less than #cj years or for life4 ,if the offender has previously been convicted of another ,federal offense under subsection 7a77#a7 or 7a77#b71 or of a ,state offense that would have been an offense under either such provision had the offense occurred in a ,federal prison1 the defendant shall be punished by death or life imprisonment4 7,b7 ,aggravated sexual abuse ,whoever commits aggravated sexual abuse in a place described in paragraph 7#b7 shall be imprisoned for any term of years or for life4 7,c7 ,sexual abuse ,whoever commits sexual abuse in a place described in paragraph 7#b7 shall be imprisoned not more than #bj years4 7,d7 ,sexual abuse of a ward ,whoever commits sexual abuse of a ward in a place described in paragraph 7#b7 shall be imprisoned not more than #ae years4 7#b7 ,circumstances ,the places referred to in paragraph 7#a7 are-- 7,a7 the special maritime and territorial jurisdiction of the ,united ,states2 or 7,b7 a ,federal prison or any prison institution or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the ,attorney ,general4 #bjb4 ,abusive sexual contact ,whoever engages in sexual contact with another person-- 7#a7 under circumstances in which1 if the sexual contact had been a sexual act1 the sexual contact would be punishable under section #bja7;b77#a77;,a71 shall be imprisoned for any term of years or for life2 7#b7 under circumstances in which1 if the sexual contact had been a sexual act1 the sexual contact would be punishable under section #bja7;b77#a77;,b71 shall be imprisoned not more than #aj years2 7#c7 under circumstances in which1 if the sexual contact had been a sexual act1 the sexual contact would be punishable under section #bja7;b77#a77;,c71 shall be imprisoned not more than #c years2 and 7#d7 under circumstances in which1 if the sexual contact had been a sexual act1 the sexual contact would be punishable under section #bja7;b77#a77;,d71 shall be imprisoned not more than #b years4 #bjc4 ,special rules and defenses 7a7 ,proof of state of mind as to age ,in a prosecution under subsection 7a77#a71 the ,government need not prove that the defendant knew the age of the other person engaging in the sexual act or that the requisite age difference existed between the persons so engaging4 7b7 ,defenses 7#a7 ,aggravated sexual abuse of a child or sexual contact involving a minor ,it is an affirmative defense to a prosecution under this subchapter for an offense involving a minor where an element of the offense is that the minor not be #af years of age or older that the defendant reasonably believed the minor to be #af years of age or older4 7#b7 ,marriage in certain cases ,it is an affirmative defense to prosecution for an offense under this subchapter involving a sexual act or sexual contact with a ward1 that the ward was married to the person engaging in the sexual act or contact at the time of the alleged offense4 #bjd4 ,sexual abuse resulting in death ,whoever1 in the course of an offense under this subchapter1 engages in conduct that results in the death of a person1 shall be punished by death or imprisoned for any term of years or for life4 #bje4 ,definitions for subchapter ,as used in this subchapter-- 7#a7 the term sexual act means-- 7,a7 contact between the penis and the vulva or the penis and the anus1 and for purposes of this subparagraph contact involving the penis occurs upon penetration1 however slight2 7,b7 contact between the mouth and the penis1 the mouth and the vulva1 or the mouth and the anus2 7,c7 the penetration1 however slight1 of the anal or genital opening of another by a hand or finger or by any object1 with an intent to abuse1 humiliate1 harass1 degrade1 or arouse or gratify the sexual desire of any person2 or 7,d7 the intentional touching1 not through the clothing1 of the genitalia of another person who has not attained the age of #af years1 with an intent to abuse1 humiliate1 harass1 degrade1 or arouse or gratify the sexual desire of any person2 7#b7 the term sexual contact means the intentional touching1 either directly or through the clothing1 of the genitalia1 anus1 groin1 breast1 inner thigh1 or buttocks of any person1 with an intent to abuse1 humiliate1 harass1 degrade1 or arouse or gratify the sexual desire of any person2 7#c7 the term official detention means-- 7,a7 detention by a ,federal officer or employee1 or under the direction of a ,federal officer or employee1 following arrest for an offense2 following surrender in lieu of arrest for an offense2 following a charge or conviction of an offense1 or an allegation or finding of juvenile delinquency2 following commitment as a material witness2 following civil commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in abeyance1 or pending extradition1 deportation1 or exclusion2 or 7,b7 custody by a ,federal officer or employee1 or under the direction of a ,federal officer or employee1 for purposes incident to any detention described in subparagraph 7,a7 of this paragraph1 including transportation1 medical diagnosis or treatment1 court appearance1 work1 and recreation2 but does not include supervision or other control 7other than custody during specified hours or days7 after release on bail1 probation1 or parole1 or after release following a finding of juvenile delinquency4 ,b ,,transport ,,for ,,illegal ,,sexual ,,activity #baa4 ,transportation generally4 #bab4 ,coercion and enticement4 #bac4 ,transportation of minors4 #bad4 ,use of interstate facilities to transmit information about a minor4 #baa4 ,transportation generally ,whoever knowingly transports an individual in interstate or foreign commerce1 or in any territory or possession of the ,united ,states1 with intent that such individual engage in prostitution1 or in any sexual activity for which any person can be charged with a criminal offense1 or attempts to do so1 shall be imprisoned not more than #aj years4 #bab4 ,coercion and enticement 7a7 ,whoever knowingly persuades1 induces1 entices1 or coerces any individual to travel in interstate or foreign commerce1 or in any territory or possession of the ,united ,states1 to engage in prostitution1 or in any sexual activity for which any person can be charged with a criminal offense1 or attempts to do so1 shall be imprisoned not more than #bj years4 7b7 ,whoever1 using any facility of interstate or foreign commerce1 or within the special maritime and territorial jurisdiction of the ,united ,states1 knowingly persuades1 induces1 entices1 or coerces any minor to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense1 or attempts to do so1 shall be imprisoned not less than #e years and not more than #cj years4 #bac4 ,transportation of minors 7a7 ,transportation with intent ,to engage in criminal sexual activity ,whoever transports a minor in interstate or foreign commerce1 or in any territory or possession of the ,united ,states1 with intent that the minor engage in prostitution1 or in any sexual activity for which any person can be charged with a criminal offense1 shall be imprisoned not less than #e years and not more than #cj years4 7b7 ,travel with intent ,to engage in illicit sexual conduct ,whoever travels in interstate commerce or travels into the ,united ,states1 or1 being a ,united ,states citizen or an alien admitted for permanent residence in the ,united ,states1 travels in foreign commerce1 for the purpose of engaging in any illicit sexual conduct shall be imprisoned not more than #cj years4 7c7 ,engaging in illicit sexual conduct in foreign places ,any ,united ,states citizen or alien admitted for permanent residence who travels in foreign commerce1 and engages in any illicit sexual conduct shall be imprisoned not more than #cj years4 7d7 ,ancillary offenses ,whoever1 for the purpose of commercial advantage or private financial gain1 arranges1 induces1 procures1 or facilitates the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the purpose of engaging in illicit sexual conduct shall be imprisoned not more than #cj years4 7e7 ,definition ,as used in this section1 the term illicit sexual conduct means-- 7#a7 a sexual act 7as defined in section #bje7 with a minor that would be in violation of subchapter ,a if the sexual act occurred in the special maritime and territorial jurisdiction of the ,united ,states2 7#b7 any commercial sex act 7as defined in section #abfe7 with a minor2 or 7#c7 the production of child pornography 7as defined in section #bbe74 7f7 ,defense ,in a prosecution under this section based on illicit sexual conduct as defined in subsection 7e77#b71 it is an affirmative defense that the defendant reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of #ah years4 #bad4 ,use of interstate facilities to transmit information about a minor ,whoever1 using a facility of interstate or foreign commerce1 or within the special maritime and territorial jurisdiction of the ,united ,states1 knowingly transmits the name1 address1 telephone number1 social security number1 or electronic mail address of another individual1 knowing that such other individual has not attained the age of #af years1 with the intent to entice1 encourage1 offer1 or solicit any person to engage in any sexual activity for which any person can be charged with a criminal offense1 or attempts to do so1 shall be imprisoned not more than #e years4 ,c ,,sexual ,,exploitation ,,of ,,children #bba4 ,sexual exploitation of children4 #bbb4 ,selling or buying of children4 #bbc4 ,certain activities relating to material involving the sexual exploitation of minors and child pornography4 #bbd4 ,misleading domain names on the ,internet4 #bbe4 ,definitions for subchapter4 #bbf4 ,recordkeeping requirements4 #bbg4 ,failure to report child abuse4 #bba4 ,sexual exploitation of children 7a7 ,offense ,whoever1 as made applicable in subsection 7b7-- 7#a7 either-- 7,a7 employs1 uses1 persuades1 induces1 entices1 or coerces any minor to engage in1 or who has a minor assist any other person to engage in1 any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct2 or 7,b7 transports any minor in interstate or foreign commerce1 or in any territory or possession of the ,united ,states1 with the intent that such minor engage in such conduct for such purpose2 or 7#b7 being a parent1 legal guardian1 or person having custody or control of a minor knowingly permits such minor to engage in1 or to assist any other person to engage in1 sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct2 shall be punished as provided under subsection 7e74 7b7 ,applicability ,subsection 7a7 applies if-- 7#a7 the person engaging in that conduct knows or has reason to know that such visual depiction will be transported or transmitted in or affecting interstate or foreign commerce2 7#b7 such visual depiction was produced using materials that have been transported in or affecting interstate or foreign commerce2 7#c7 such visual depiction has actually been transported or transmitted in or affecting interstate or foreign commerce2 or 7#d7 the conduct constituting the offense occurs in or affects interstate or foreign commerce4 7c7 ,extraterritorial jurisdiction ,there is extraterritorial jurisdiction over an offense under subsection 7a77#a7 if the offender-- 7#a7 intends such visual depiction to be transported to the ,united ,states2 or 7#b7 transports such visual depiction to the ,united ,states4 7d7 ,advertisements 7#a7 ,whoever1 as made applicable by paragraph 7#b71 knowingly makes1 prints1 or publishes1 or causes to be made1 printed1 or published1 any notice or advertisement seeking or offering-- 7,a7 to receive1 exchange1 buy1 produce1 display1 distribute1 or reproduce1 any visual depiction1 if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct2 or 7,b7 participation in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct2 shall be punished as provided under subsection 7e74 7#b7 ,paragraph 7#a7 applies if-- 7,a7 such person knows or has reason to know that such notice or advertisement will be transported in or affecting interstate or foreign commerce2 or 7,b7 such notice or advertisement is transported in or affecting interstate or foreign commerce4 7e7 ,punishment ,whoever violates this section shall be imprisoned not less than #ae years nor more than #cj years1 but if such person has one prior conviction under this subchapter1 subchapter ,a or ,b of this chapter1 subchapter ,f of chapter #ce1 or under section #ibj of title #aj 7article #abj of the ,uniform ,code of ,military ,justice71 or under the laws of any ,state relating to the sexual exploitation of children1 such person shall be imprisoned for not less than #be years nor more than #ej years1 but if such person has #b or more such prior convictions1 such person shall be imprisoned not less than #ce years nor more than life4 ,whoever1 in the course of an offense under this section1 engages in conduct that results in the death of a person1 shall be punished by death or imprisoned for any term of years or for life4 #bbb4 ,selling or buying of children 7a7 ,transfer of custody ,whoever1 as made applicable by subsection 7d7 and with a mental state described in subsection 7c7 having custody or control of a minor1 transfers that custody or control1 or offers to do so1 shall be punished by imprisonment for not less than #cj years or for life4 7b7 ,obtaining custody ,whoever1 as made applicable by subsection 7d7 and with a mental state described in subsection 7c71 obtains custody or control of a minor1 or offers to do so1 shall be punished by imprisonment for not less than #cj years or for life4 7c7 ,mental state ,the mental state referred to in subsections 7a7 and 7b7 is-- 7#a7 knowledge that1 as a consequence of the transfer of custody1 the minor will be portrayed in a visual depiction engaging in1 or assisting another person to engage in1 sexually explicit conduct2 or 7#b7 intent to promote either-- 7,a7 the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct2 or 7,b7 the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct4 7d7 ,federal nexus ,conduct described in subsections 7a7 and 7b7 is an offense if-- 7#a7 in the course of the conduct the minor or the person engaging in the conduct travel in interstate or foreign commerce2 7#b7 any offer described in such subsections was communicated or transported in or affecting interstate or foreign commerce2 or 7#c7 the conduct took place in any territory or possession of the ,united ,states4 #bbc4 ,certain activities relating to material involving the sexual exploitation of minors and child pornography 7a7 ,offense ,whoever1 in a circumstance described in subsection 7b7-- 7#a7 knowingly-- 7,a7 transports an exploitative visual depiction or child pornography2 7,b7 receives1 or distributes1 any exploitative visual depiction or child pornography2 or 7,c7 reproduces any exploitative visual depiction or child pornography for distribution2 7#b7 knowingly-- 7,a7 sells or possesses with intent to sell any exploitative visual depiction or child pornography2 or 7,b7 possesses or accesses with intent to view an exploitative visual depiction or child pornography2 7#c7 knowingly advertises1 promotes1 presents1 distributes1 or solicits any material or purported material in a manner that reflects the belief1 or that is intended to cause another to believe1 that the material or purported material contains an exploitative visual depiction or child pornography2 or 7#d7 knowingly produces with intent to distribute1 or distributes1 by any means1 including a computer1 child pornography that is an adapted or modified depiction of an identifiable minor2 shall be punished as provided in subsection 7c74 7b7 ,circumstance required ,the circumstance referred to in subsection 7a7 is any one of the following3 7#a7 ,the conduct occurs in the special maritime and territorial jurisdiction of the ,united ,states1 or in the ,indian country as defined in section #hga4 7#b7 ,the conduct is in or affects interstate or foreign commerce4 7#c7 ,the exploitative visual depiction or child pornography is transported in or affecting interstate or foreign commerce1 or was produced using materials which have been so transported4 7c7 ,punishment 7#a7 ,whoever violates paragraph 7#a71 7#b77;,a71 or 7#c7 of subsection 7a7 shall be imprisoned not less than #e years and not more than #bj years1 but if such person has a prior relevant conviction1 such person shall be imprisoned for not less than #ae years nor more than #dj years4 7#b7 ,whoever violates paragraph 7#b77;,b7 of subsection 7a7 shall be imprisoned not more than #aj years1 but if any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained #ab years of age1 such person shall be fined under this title and imprisoned for not more than #bj years1 or if such person has a prior relevant conviction1 such person shall be imprisoned for not less than #aj years nor more than #bj years4 7#c7 ,whoever violates paragraph 7#d7 of subsection 7a7 shall be imprisoned not more than #ae years4 7#d7 ,in this subsection1 the term prior relevant conviction means a prior conviction under this chapter1 subchapter ,a or ,b of this chapter1 subchapter ,f of chapter #ce1 or under section #ibj of title #aj 7article #abj of the ,uniform ,code of ,military ,justice71 or under the laws of any ,state relating to aggravated sexual abuse1 sexual abuse1 or abusive sexual conduct involving a minor or ward1 or the production1 possession1 receipt1 mailing1 sale1 distribution1 shipment1 or transportation of child pornography4 7d7 ,affirmative defenses 7#a7 ,it is an affirmative defense to a charge of violating paragraph 7#b77;,b7 of subsection 7a7 that the defendant-- 7,a7 possessed less than three matters containing any visual depiction proscribed by that paragraph2 and 7,b7 promptly and in good faith1 and without retaining or allowing any person1 other than a law enforcement agency1 to access any visual depiction or copy thereof-- 7i7 took reasonable steps to destroy each such visual depiction2 or 7ii7 reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction4 7#b7 ,it is an affirmative defense to a charge of violating paragraph 7#a71 7#b71 or 7#d7 of subsection 7a7 that-- 7,a7 7i7 the alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct2 and 7ii7 each such person was an adult at the time the material was produced2 or 7,b7 the alleged child pornography was not produced using any actual minor4 ,no affirmative defense under subsection 7d77#b7 shall be available in any prosecution that involves child pornography as described in section #bbe7e74 ,a defendant may not assert an affirmative defense to a charge of violating paragraph 7#a71 7#b71 or 7#d7 of subsection 7a7 unless1 within the time provided for filing pretrial motions or at such time prior to trial as the judge may direct1 but in no event later than #ad days before the commencement of the trial1 the defendant provides the court and the ,united ,states with notice of the intent to assert such defense and the substance of any expert or other specialized testimony or evidence upon which the defendant intends to rely4 ,if the defendant fails to comply with this subsection1 the court shall1 absent a finding of extraordinary circumstances that prevented timely compliance1 prohibit the defendant from asserting such defense to a charge of violating paragraph 7#a71 7#b71 or 7#d7 of subsection 7a7 or presenting any evidence for which the defendant has failed to provide proper and timely notice4 7e7 ,admissibility of evidence ,on motion of the ,government1 in any prosecution under this subchapter or section #adde1 except for good cause shown1 the name1 address1 social security number1 or other nonphysical identifying information1 other than the age or approximate age1 of any minor who is depicted in any child pornography shall not be admissible and may be redacted from any otherwise admissible evidence1 and the jury shall be instructed1 upon request of the ,united ,states1 that it can draw no inference from the absence of such evidence in deciding whether the child pornography depicts an actual minor4 7f7 ,exploitative visual depiction defined ,in this section1 a visual depiction is an exploitative visual depiction if-- 7#a7 the producing of such visual depiction involves the use of a child engaging in sexually explicit conduct2 and 7#b7 such visual depiction is of such conduct4 #bbd4 ,misleading domain names on the ,internet 7a7 ,obscenity ,whoever knowingly uses a misleading domain name on the ,internet with the intent to deceive a person into viewing material constituting obscenity shall be imprisoned not more than #b years4 7b7 ,material harmful to minors ,whoever knowingly uses a misleading domain name on the ,internet with the intent to deceive a minor into viewing material that is harmful to minors on the ,internet shall be imprisoned not more than #aj years4 7c7 ,definition ,for the purposes of this section-- 7#a7 a domain name that includes a word or words to indicate the sexual content of the site1 such as sex or porn1 is not misleading2 7#b7 the term material that is harmful to minors means any communication1 consisting of nudity1 sex1 or excretion1 that1 taken as a whole and with reference to its context-- 7,a7 predominantly appeals to a prurient interest of minors2 7,b7 is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors2 and 7,c7 lacks serious literary1 artistic1 political1 or scientific value for minors2 and 7#c7 as used in this subsection1 the term sex means acts of masturbation1 sexual intercourse1 or physical contact with a person's genitals1 or the condition of human male or female genitals when in a state of sexual stimulation or arousal4 #bbe4 ,definitions for subchapter ,in this subchapter the following definitions apply3 7#a7 7,a7 ,except as provided in subparagraph 7,b71 the term sexually explicit conduct means actual or simulated-- 7i7 sexual intercourse1 including genital-genital1 oral-genital1 anal-genital1 or oral-anal1 whether between persons of the same or opposite sex2 7ii7 bestiality2 7iii7 masturbation2 7iv7 sadistic or masochistic abuse2 or 7v7 lascivious exhibition of the genitals or pubic area of any person4 7,b7 ,for purposes of paragraph #e7;,b71 the term sexually explicit conduct means-- 7i7 graphic sexual intercourse1 including genital-genital1 oral-genital1 anal-genital1 or oral-anal1 whether between persons of the same or opposite sex1 or lascivious simulated sexual intercourse where the genitals1 breast1 or pubic area of any person is exhibited2 7ii7 graphic or lascivious simulated-- 7,i7 bestiality2 7,,ii7 masturbation2 or 7,,iii7 sadistic or masochistic abuse2 or 7iii7 graphic or simulated lascivious exhibition of the genitals or pubic area of any person4 7#b7 ,the term producing means producing1 directing1 manufacturing1 issuing1 publishing1 or advertising4 7#c7 ,the term visual depiction includes undeveloped film and videotape1 data stored on computer disk or by electronic means which is capable of conversion into a visual image1 and data which is capable of conversion into a visual image that has been transmitted by any means1 whether or not stored in a permanent format4 7#d7 ,the term custody or control includes temporary supervision over or responsibility for a minor whether legally or illegally obtained4 7#e7 ,the term child pornography means any visual depiction of sexually explicit conduct1 where-- 7,a7 the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct2 7,b7 such visual depiction is a digital image1 computer image1 or computer-generated image that is1 or is indistinguishable from1 that of a minor engaging in sexually explicit conduct2 or 7,c7 such visual depiction has been created1 adapted1 or modified to appear that an identifiable minor is engaging in sexually explicit conduct4 7#f7 ,the term identifiable minor-- 7,a7 means a person-- 7i7 7,i7 who was a minor at the time the visual depiction was created1 adapted1 or modified2 or 7,,ii7 whose image as a minor was used in creating1 adapting1 or modifying the visual depiction2 and 7ii7 who is recognizable as an actual person by the person's face1 likeness1 or other distinguishing characteristic1 such as a unique birthmark or other recognizable feature2 and 7,b7 shall not be construed to require proof of the actual identity of the identifiable minor4 7#g7 ,the term graphic1 when used with respect to a depiction of sexually explicit conduct1 means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted4 7#h7 ,the term indistinguishable used with respect to a depiction1 means virtually indistinguishable1 in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct4 ,this definition does not apply to depictions that are drawings1 cartoons1 sculptures1 or paintings depicting minors or adults4 #bbf4 ,recordkeeping requirements 7a7 ,duty ,to keep records ,whoever produces any book1 magazine1 periodical1 film1 videotape1 or other matter which-- 7#a7 contains one or more visual depictions made after ,november #a1 #aiij1 of actual sexually explicit conduct2 and 7#b7 is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce1 or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce2 shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction4 7b7 ,duty ,to ascertain certain information ,any person to whom subsection 7a7 applies shall1 with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct-- 7#a7 ascertain1 by examination of an identification document containing such information1 the performer's name and date of birth1 and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations2 7#b7 ascertain any name1 other than the performer's present and correct name1 ever used by the performer including maiden name1 alias1 nickname1 stage1 or professional name2 and 7#c7 record in the records required by subsection 7a7 the information required by paragraphs 7#a7 and 7#b7 of this subsection and such other identifying information as may be prescribed by regulation4 7c7 ,where records maintained and availability for inspection ,any person to whom subsection 7a7 applies shall maintain the records required by this section at his business premises1 or at such other place as the ,attorney ,general may by regulation prescribe and shall make such records available to the ,attorney ,general for inspection at all reasonable times4 7d7 ,exclusion of evidence 7#a7 ,no information or evidence obtained from records required to be created or maintained by this section shall1 except as provided in this section1 directly or indirectly1 be used as evidence against any person with respect to any violation of law4 7#b7 ,paragraph 7#a7 of this subsection does not preclude the use of such information or evidence in a prosecution or other action for a violation of this subchapter or subchapter ,f of chapter #ce1 or for a violation of any applicable provision of law with respect to the furnishing of false information4 7e7 ,statement 7#a7 ,any person to whom subsection 7a7 applies shall cause to be affixed to every copy of any matter described in paragraph 7#a7 of subsection 7a7 of this section1 in such manner and in such form as the ,attorney ,general shall by regulations prescribe1 a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located4 7#b7 ,if the person to whom subsection 7a7 of this section applies is an organization the statement required by this subsection shall include the name1 title1 and business address of the individual employed by such organization responsible for maintaining the records required by this section4 7f7 ,unlawful acts ,it shall be unlawful-- 7#a7 for any person to whom subsection 7a7 applies to fail to create or maintain the records as required by subsections 7a7 and 7c7 or by any regulation promulgated under this section2 7#b7 for any person to whom subsection 7a7 applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in1 any record required by subsection 7b7 of this section or any regulation promulgated under this section2 7#c7 for any person to whom subsection 7a7 applies knowingly to fail to comply with subsection 7e7 or any regulation promulgated pursuant to that subsection2 and 7#d7 for any person knowingly to sell or otherwise transfer1 or offer for sale or transfer1 any book1 magazine1 periodical1 film1 video1 or other matter1 produce in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce1 which-- 7,a7 contains one or more visual depictions made after ,november #a1 #aiij1 of actual sexually explicit conduct2 and 7,b7 is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce1 or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce2 which does not have affixed thereto1 in a manner prescribed as set forth in subsection 7e77#a71 a statement describing where the records required by this section may be located1 but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept4 7g7 ,regulations ,the ,attorney ,general shall issue appropriate regulations to carry out this section4 7h7 ,definitions ,as used in this section-- 7#a7 the term actual sexually explicit conduct means actual but not simulated conduct as defined in clauses 7i7 through 7v7 of section #bbe7a77;,a72 7#b7 identification document has the meaning given that term in section #ghc2 7#c7 the term produces means to produce1 manufacture1 or publish any book1 magazine1 periodical1 film1 video tape1 computer generated image1 digital image1 or picture1 or other similar matter and includes the duplication1 reproduction1 or reissuing of any such matter1 but does not include mere distribution or any other activity which does not involve hiring1 contracting for managing1 or otherwise arranging for the participation of the performers depicted2 and 7#d7 the term performer includes any person portrayed in a visual depiction engaging in1 or assisting another person to engage in1 actual sexually explicit conduct4 7i7 ,penalty for any violation of this section ,whoever violates this section shall be imprisoned for not more than #e years4 ,whoever violates this section after having been convicted of a violation punishable under this section shall be imprisoned for any period of years not more than #aj years but not less than #b years4 #bbg4 ,failure to report child abuse ,whoever1 while engaged in a professional capacity or activity described in subsection 7b7 of section #bbf of the ,victims of ,child ,abuse ,act of #aiij on ,federal land or in a federally operated 7or contracted7 facility1 learns of facts that give reason to suspect that a child has suffered an incident of child abuse1 as defined in subsection 7c7 of that section1 and fails to make a timely report as required by subsection 7a7 of that section1 shall be imprisoned not more than #a year4 ,d ,,sex ,,offender ,,registry #bda4 ,failure to register4 #bda4 ,failure to register 7a7 ,in general ,whoever-- 7#a7 is required to register under the ,sex ,offender ,registration and ,notification ,act2 7#b7 7,a7 is a sex offender as defined for the purposes of the ,sex ,offender ,registration and ,notification ,act by reason of a conviction under ,federal law 7including the ,uniform ,code of ,military ,justice71 the law of the ,district of ,columbia1 ,indian tribal law1 or the law of any territory or possession of the ,united ,states2 or 7,b7 travels in interstate or foreign commerce1 or enters or leaves1 or resides in1 ,indian country2 and 7#c7 knowingly fails to register or update a registration as required by the ,sex ,offender ,registration and ,notification ,act2 shall be imprisoned not more than #aj years4 7b7 ,affirmative defense ,in a prosecution for a violation under subsection 7a71 it is an affirmative defense that-- 7#a7 uncontrollable circumstances prevented the individual from complying2 7#b7 the individual did not contribute to the creation of such circumstances in reckless disregard of the requirement to comply2 and 7#c7 the individual complied as soon as such circumstances ceased to exist4 7c7 ,crime of violence 7#a7 ,in general ,an individual described in subsection 7a7 who commits a crime of violence under ,federal law 7including the ,uniform ,code of ,military ,justice71 the law of the ,district of ,columbia1 ,indian tribal law1 or the law of any territory or possession of the ,united ,states shall be imprisoned for not less than #e years and not more than #cj years4 7#b7 ,additional punishment ,the punishment provided in paragraph 7#a7 shall be in addition and consecutive to the punishment provided for the violation described in subsection 7a74 ,e ,,general ,,provisions ,,and ,,definitions #bee4 ,repeat offenders4 #bef4 ,civil remedy for personal injuries4 #bee4 ,repeat offenders 7a7 ,maximum term of imprisonment ,the maximum term of imprisonment for a violation of subchapter ,a or ,b after a prior sex offense conviction shall be twice the term of imprisonment otherwise provided by this chapter1 unless section #ceei7;e7 applies4 7b7 ,definitions ,in this section the term prior sex offense conviction means a conviction for an offense-- 7#a7 under subchapter ,a1 ,b1 or ,c of this chapter or section #abfe2 or 7#b7 under ,state law consisting of conduct that would have been an offense under this chapter if the conduct had occurred within the special maritime and territorial jurisdiction of the ,united ,states4 #bef4 ,civil remedy for personal injuries 7a7 ,in general ,any person who1 while a minor1 was a victim of a violation of section #bja1 #bjb1 #bjc1 #baa1 #bab1 #bac1 #bba1 #bbb1 or #bbc and who suffers personal injury as a result of such violation may sue in any appropriate ,united ,states ,district ,court and shall recover the actual damages such person sustains and the cost of the suit1 including a reasonable attorney's fee4 ,any person as described in the preceding sentence shall be deemed to have sustained damages of no less than #aej1jjj in value4 7b7 ,statute of limitations ,any action commenced under this section shall be barred unless the complaint is filed within six years after the right of action first accrues or in the case of a person under a legal disability1 not later than three years after the disability4 #ae ,,national ,,security ,,and ,,related ,,crimes ,subchapter ,a4 ,treason1 sedition1 and subversive activities ,b4 ,terrorism ,c4 ,military and navy ,d4 ,civil disorders and riots ,e4 ,espionage and censorship ,f4 ,immigration and nationality ,a ,,treason1 ,,sedition1 ,,and ,,subversive ,,activities #bfa4 ,treason4 #bfb4 ,misprision of treason4 #bfc4 ,rebellion or insurrection4 #bfd4 ,seditious conspiracy4 #bfe4 ,advocating overthrow of ,government4 #bfa4 ,treason ,whoever1 owing allegiance to the ,united ,states1 levies war against them or adheres to their enemies1 giving them aid and comfort within the ,united ,states or elsewhere1 is guilty of treason and shall suffer death or be imprisoned for any term of years not less than five1 and shall be incapable of holding any office under the ,united ,states4 #bfb4 ,misprision of treason ,whoever1 owing allegiance to the ,united ,states and having knowledge of the commission of any treason against them1 conceals and does not1 as soon as may be1 disclose and make known the same to the ,president or to some judge of the ,united ,states1 or to the governor or to some judge or justice of a particular ,state1 is guilty of misprision of treason and shall be imprisoned not more than seven years4 #bfc4 ,rebellion or insurrection ,whoever incites1 sets on foot1 assists1 or engages in any rebellion or insurrection against the authority of the ,united ,states or the laws thereof1 or gives aid or comfort thereto1 shall be imprisoned not more than ten years and shall be incapable of holding any office under the ,united ,states4 #bfd4 ,seditious conspiracy ,if two or more persons in any ,state1 or in any place subject to the jurisdiction of the ,united ,states1 conspire to overthrow1 put down1 or to destroy by force the ,government of the ,united ,states1 or to levy war against them1 or to oppose by force the authority thereof1 or by force to prevent1 hinder1 or delay the execution of any law of the ,united ,states1 or by force to seize1 take1 or possess any property of the ,united ,states contrary to the authority thereof1 they shall each be imprisoned not more than #bj years4 #bfe4 ,advocating overthrow of ,government 7a7 ,in general ,whoever-- 7#a7 knowingly advocates1 advises1 or teaches the duty1 necessity1 desirability1 or propriety of overthrowing or destroying the ,government of the ,united ,states or the government of any ,state1 or the government of any political subdivision therein1 by force or violence1 or by the assassination of any officer of any such government2 7#b7 with intent to cause the overthrow or destruction of any such government1 prints1 publishes1 edits1 issues1 circulates1 sells1 distributes1 or publicly displays any written or printed matter advocating1 advising1 or teaching the duty1 necessity1 desirability1 or propriety of overthrowing or destroying any government in the ,united ,states by force or violence2 or 7#c7 organizes or helps to organize any society1 group1 or assembly of persons who teach1 advocate1 or encourage the overthrow or destruction of any such government by force or violence2 or becomes or is a member of1 or affiliates with1 any such society1 group1 or assembly of persons1 knowing the purposes thereof2 shall be imprisoned not more than #bj years1 and shall be ineligible for employment by the ,united ,states or any department or agency thereof1 for the five years next following the conviction4 7b7 ,definition ,as used in this section1 the term organize1 with respect to any society1 group1 or assembly of persons1 includes the recruiting of new members1 the forming of new units1 and the regrouping or expansion of existing clubs1 classes1 and other units of such society1 group1 or assembly of persons4 ,b ,,terrorism #bga4 ,weapons of mass destruction1 and explosives and other lethal devices4 #bgb4 ,atomic weapons4 #bgc4 ,acts of terrorism transcending national boundaries4 #bgd4 ,financial transactions4 #bge4 ,missile systems designed to destroy aircraft4 #bgf4 ,radiological dispersal devices4 #bgg4 ,harboring or concealing terrorists4 #bgh4 ,providing material support to terrorists4 #bgi4 ,providing material support or resources to designated foreign terrorist organizations4 #bhj4 ,prohibitions against the financing of terrorism4 #bha4 ,receiving military-type training from a foreign terrorist organization4 #bhb4 ,civil remedies4 #bhc4 ,definitions for subchapter4 #bga4 ,weapons of mass destruction1 and explosives and other lethal devices 7a7 ,offense ,whoever1 without lawful authority1 uses1 threatens1 to use1 a weapon of mass destruction or an explosive or other lethal device-- 7#a7 against any property that is owned1 leased1 or used by the ,united ,states or by any department or agency of the ,united ,states1 whether the property is within or outside of the ,united ,states2 7#b7 against a national of the ,united ,states while such national is outside of the ,united ,states2 7#c7 against any person or property within the ,united ,states1 if the offense is in1 or affects1 interstate or foreign commerce2 or 7#d7 against any person or property outside of the ,united ,states1 if the offender is a national of the ,united ,states2 shall be imprisoned for any term of years or for life1 and if death results1 shall be punished by death or imprisoned for any term of years or for life4 7b7 ,definitions ,as used in this section-- 7#a7 the term weapon of mass destruction means-- 7,a7 any destructive device as defined in section #eha2 7,b7 any weapon that is designed or intended to cause death or serious bodily injury through the release1 dissemination1 or impact of toxic or poisonous chemicals1 or their precursors2 7,c7 any weapon involving a biological agent1 toxin1 or vector 7as those terms are in defined in section #fbg72 7,d7 any weapon that is designed to release radiation or radioactivity at a level dangerous to human life2 or 7,e7 any lethal device or explosive2 7#b7 the term property includes all real and personal property2 7#c7 the term explosive has the meaning given in section #fad7;j7 insofar that it is designed1 or has the capability1 to cause death1 serious bodily injury1 or substantial material damage2 and 7#d7 the term other lethal device means any weapon or device that is designed or has the capability to cause death1 serious bodily injury1 or substantial damage to property through the release1 dissemination1 or impact of toxic chemicals1 biological agents1 or toxins 7as those terms are defined in section #fbg7 or radiation or radioactive material4 #bgb4 ,atomic weapons 7a7 ,offense ,whoever1 except as provided in section #ia of the ,atomic ,energy ,act of #aied1 in or affecting interstate or foreign commerce in the ,united ,states1 or as made applicable by subsection 7b7 outside the ,united ,states1 knowingly participates in the development of1 manufactures1 produces1 transfers1 acquires1 receives1 possesses1 imports1 exports1 or uses1 or possesses and threatens to use1 any atomic weapon4 ,nothing in this section modifies section #ca a4 or section #aja of the ,atomic ,energy ,act of #aied4 7b7 ,federal nexus to conduct outside of the ,united ,states ,conduct outside the ,united ,states is prohibited by subsection 7a7 if-- 7#a7 the offense is committed by a national of the ,united ,states2 or 7#b7 the offense is committed against a national of the ,united ,states4 #bgc4 ,acts of terrorism transcending national boundaries 7a7 ,prohibited acts 7#a7 ,offenses ,whoever1 involving conduct transcending national boundaries and as made applicable by subsection 7b7-- 7,a7 kills1 kidnaps1 maims1 commits an assault resulting in serious bodily injury1 or assaults with a dangerous weapon any person within the ,united ,states2 or 7,b7 creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure1 conveyance1 or other real or personal property within the ,united ,states or by attempting or conspiring to destroy or damage any structure1 conveyance1 or other real or personal property within the ,united ,states2 in violation of the laws of any ,state1 or the ,united ,states1 shall be punished as prescribed in subsection 7c74 7#b7 ,treatment of threats ,whoever threatens to commit an offense under paragraph 7#a7 shall be punished under subsection 7c74 7b7 ,applicability 7#a7 ,in general ,subsection 7a7 applies if-- 7,a7 the mail or any facility of interstate or foreign commerce is used in furtherance of the offense2 7,b7 the offense obstructs1 delays1 or affects interstate or foreign commerce1 or would have so obstructed1 delayed1 or affected interstate or foreign commerce if the offense had been consummated2 7,c7 the victim1 or intended victim1 is the ,united ,states ,government1 a member of the uniformed services1 or any official1 officer1 employee1 or agent of the legislative1 executive1 or judicial branches1 or of any department or agency1 of the ,united ,states2 7,d7 the structure1 conveyance1 or other real or personal property is1 in whole or in part1 owned1 possessed1 or leased to the ,united ,states1 or any department or agency of the ,united ,states2 7,e7 the offense is committed in the territorial sea 7including the airspace above and the seabed and subsoil below1 and artificial islands and fixed structures erected thereon7 of the ,united ,states2 or 7,f7 the offense is committed within the special maritime and territorial jurisdiction of the ,united ,states4 7#b7 ,co-conspirators and accessories after the fact ,subsection 7a7 applies with respect to all principals and co-conspirators of an offense under this section1 and accessories after the fact to any offense under this section1 if at least one of the circumstances described in subparagraphs 7,a7 through 7,f7 of paragraph 7#a7 is applicable to at least one offender4 7c7 ,penalties 7#a7 ,generally ,whoever violates this section shall be punished-- 7,a7 for a killing1 or if death results to any person from any other conduct prohibited by this section1 by death1 or by imprisonment for any term of years or for life2 7,b7 for kidnapping1 by imprisonment for any term of years or for life2 7,c7 for maiming1 by imprisonment for not more than #ce years2 7,d7 for assault with a dangerous weapon or assault resulting in serious bodily injury1 by imprisonment for not more than #cj years2 7,e7 for destroying or damaging any structure1 conveyance1 or other real or personal property1 by imprisonment for not more than #be years2 7,f7 for attempting or conspiring to commit an offense1 for any term of years up to the maximum punishment that would have applied had the offense been completed2 and 7,g7 for threatening to commit an offense under this section1 by imprisonment for not more than #aj years4 7#b7 ,consecutive sentence ,notwithstanding any other provision of law1 the court shall not place on probation any person convicted of a violation of this section2 nor shall the term of imprisonment imposed under this section run concurrently with any other term of imprisonment4 7d7 ,proof requirements ,the following shall apply to prosecutions under this section3 7#a7 ,knowledge ,the prosecution is not required to prove knowledge by any defendant of a jurisdictional base alleged in the indictment4 7#b7 ,state law ,in a prosecution under this section that is based upon the adoption of ,state law1 only the elements of the offense under ,state law1 and not any provisions pertaining to criminal procedure or evidence1 are adopted4 7e7 ,extraterritorial jurisdiction ,there is extraterritorial jurisdiction over any offense under this section4 7f7 ,requests for military assistance ,the ,attorney ,general may request the ,secretary of ,defense to provide assistance under section #chb of title #aj in support of ,department of ,justice activities relating to the enforcement of section #bga during an emergency situation involving a weapon of mass destruction4 ,the authority to make such a request may be exercised by another official of the ,department of ,justice in accordance with section #chb7;f77#b7 of title #aj4 7g7 ,definitions ,as used in this section-- 7#a7 the term conduct transcending national boundaries means conduct occurring outside of the ,united ,states in addition to the conduct occurring in the ,united ,states2 7#b7 the term territorial sea of the ,united ,states means all waters extending seaward to #ab nautical miles from the baselines of the ,united ,states1 determined in accordance with international law2 and 7#c7 the term ,federal crime of terrorism means an offense that-- 7,a7 is calculated to influence or affect the conduct of government by intimidation or coercion1 or to retaliate against government conduct2 and 7,b7 is a violation of-- 7i7 section #acja 7relating to destruction of aircraft or aircraft facilities71 #acje 7relating to violence at international airports71 #ega 7relating to arson within special maritime and territorial jurisdiction71 #fba or #fbc 7relating to biological weapons71 #fbd 7relating to variola virus71 #fca 7relating to chemical weapons71 #ajb7b71 7#d71 7#f71 7#g71 or 7#h7 7relating to certain ,federally punishable homicides71 #aba 7relating to kidnapping7 if the victim is an individual whose killing is an offense under #ajb7f7 or 7#g71 #fja 7relating to prohibited transactions involving nuclear materials71 #fab7m7 or 7n7 7relating to plastic explosives71 #fad7;f77#b7 or 7#c7 7relating to arson and bombing of ,government property risking or causing death71 #fad7;i7 7relating to arson and bombing of property used in interstate commerce71 #eic7;c7 7relating to killing or attempted killing during an attack on a ,federal facility with a dangerous weapon71 #ibd7;a7 7relating to conspiracy to kill1 kidnap1 maim1 or injure persons or damage property in a foreign country71 #ghg7;a77#a7 or 7a77#e77;,a7 7relating to fraud and related activity in connection with computers71 #abc 7relating to hostage taking71 #abja 7relating to government property or contracts71 #abjb 7relating to destruction of communication lines1 stations1 or systems71 #abjc 7relating to injury to buildings or property within special maritime and territorial jurisdiction of the ,united ,states71 #abje7;a7 7relating to destruction of an energy facility71 #acca 7relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land1 on water1 or through the air71 #acde 7relating to violence against maritime navigation71 #bga 7relating to weapons of mass destruction1 and explosives and other lethal devices71 #bgc 7relating to acts of terrorism transcending national boundaries71 #bge 7relating to missile systems designed to destroy aircraft71 #bgf 7relating to radiological dispersal devices71 #bgg 7relating to harboring terrorists71 #bgh 7relating to providing material support to terrorists71 #bgi 7relating to providing material support to terrorist organizations71 #bhj 7relating to prohibitions against the financing of terrorism71 #bha 7relating to receiving military-type training from a foreign terrorist organization71 or #abia 7relating to torture72 7ii7 section #ib 7relating to prohibitions governing atomic weapons7 or #bcf 7relating to sabotage of nuclear facilities or fuel7 of the ,atomic ,energy ,act of #aied2 7iii7 section #dfejb 7relating to aircraft piracy71 the second sentence of section #dfejd 7relating to assault on a flight crew with a dangerous weapon71 section #dfeje7;b77#c7 or 7c7 7relating to explosive or incendiary devices1 or endangerment of human life by means of weapons1 on aircraft71 section #dfejf if homicide or attempted homicide is involved 7relating to application of certain criminal laws to acts on aircraft71 or section #fjabc7;b7 7relating to destruction of interstate gas or hazardous liquid pipeline facility7 of title #di2 or 7iv7 section #ajaj;,a of the ,controlled ,substances ,import and ,export ,act 7relating to narco-terrorism74 #bgd4 ,financial transactions 7a7 ,offense ,except as provided in regulations issued by the ,secretary of the ,treasury1 in consultation with the ,secretary of ,state1 whoever1 being a ,united ,states person1 knowing or having reasonable cause to know that a country is designated under section #f7;j7 of the ,export ,administration ,act of #aigi as a country supporting international terrorism1 engages in a financial transaction with the government of that country1 shall be imprisoned for not more than #aj years4 7b7 ,definitions ,as used in this section-- 7#a7 the term financial transaction has the same meaning as in section #adea2 and 7#b7 the term ,united ,states person means any-- 7,a7 ,united ,states citizen or national2 7,b7 permanent resident alien2 7,c7 juridical person organized under the laws of the ,united ,states2 or 7,d7 any person in the ,united ,states4 #bge4 ,missile systems designed to destroy aircraft 7a7 ,unlawful conduct 7#a7 ,in general ,except as provided in paragraph 7#c71 it shall be unlawful for any person to knowingly produce1 construct1 otherwise acquire1 transfer directly or indirectly1 receive1 possess1 import1 export1 or use1 or possess and threaten to use-- 7,a7 an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to-- 7i7 seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft2 or 7ii7 otherwise direct or guide the rocket or missile to an aircraft2 7,b7 any device designed or intended to launch or guide a rocket or missile described in subparagraph 7,a72 or 7,c7 any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket1 missile1 or device described in subparagraph 7,a7 or 7,b74 7#b7 ,nonweapon ,paragraph 7#a77;,a7 does not apply to any device that is neither designed nor redesigned for use as a weapon4 7#c7 ,excluded conduct ,this subsection does not apply with respect to-- 7,a7 conduct by or under the authority of the ,united ,states or any department or agency thereof or of a ,state or any department or agency thereof2 or 7,b7 conduct pursuant to the terms of a contract with the ,united ,states or any department or agency thereof or with a ,state or any department or agency thereof4 7b7 ,jurisdiction ,conduct prohibited by subsection 7a7 is within the jurisdiction of the ,united ,states if-- 7#a7 the offense occurs in or affects interstate or foreign commerce2 7#b7 the offense occurs outside of the ,united ,states and is committed by a national of the ,united ,states2 7#c7 the offense is committed against a national of the ,united ,states while the national is outside the ,united ,states2 7#d7 the offense is committed against any property that is owned1 leased1 or used by the ,united ,states or by any department or agency of the ,united ,states1 whether the property is within or outside the ,united ,states2 or 7#e7 an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section4 7c7 ,criminal penalties 7#a7 ,in general ,whoever violates subsection 7a7 shall be sentenced to a term of imprisonment not less than #be years or to imprisonment for life4 7#b7 ,other circumstances ,whoever1 in the course of a violation of subsection 7a71 uses or possesses and threatens to use1 any item or items described in subsection 7a71 shall be imprisoned for not less than #cj years or imprisoned for life4 7#c7 ,special circumstances ,if the death of another results from a person's violation of subsection 7a71 the person shall be punished by imprisonment for life4 7d7 ,definition ,as used in this section1 the term aircraft has the definition set forth in section #djajb7;a77#f7 of title #di4 #bgf4 ,radiological dispersal devices 7a7 ,unlawful conduct 7#a7 ,in general ,except as provided in paragraph 7#b71 it shall be unlawful for any person to knowingly produce1 construct1 otherwise acquire1 transfer directly or indirectly1 receive1 possess1 import1 export1 or use1 or possess and threaten to use-- 7,a7 any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life2 or 7,b7 any device or other object that is capable of and designed or intended to endanger human life through the release of radiation or radioactivity4 7#b7 ,exception ,this subsection does not apply with respect to-- 7,a7 conduct by or under the authority of the ,united ,states or any department or agency thereof2 or 7,b7 conduct pursuant to the terms of a contract with the ,united ,states or any department or agency thereof4 7b7 ,jurisdiction ,conduct prohibited by subsection 7a7 is within the jurisdiction of the ,united ,states if-- 7#a7 the offense occurs in or affects interstate or foreign commerce2 7#b7 the offense occurs outside of the ,united ,states and is committed by a national of the ,united ,states2 7#c7 the offense is committed against a national of the ,united ,states while the national is outside the ,united ,states2 7#d7 the offense is committed against any property that is owned1 leased1 or used by the ,united ,states or by any department or agency of the ,united ,states1 whether the property is within or outside the ,united ,states2 or 7#e7 an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section4 7c7 ,criminal penalties 7#a7 ,in general ,whoever violates subsection 7a7 shall be sentenced to a term of imprisonment not less than #be years or to imprisonment for life4 7#b7 ,other circumstances ,whoever1 in the course of a violation of subsection 7a71 uses or possesses and threatens to use1 any item or items described in subsection 7a71 shall be imprisoned for not less than #cj years or imprisoned for life4 7#c7 ,special circumstances ,if the death of another results from a person's violation of subsection 7a71 the person shall be punished by imprisonment for life4 #bgg4 ,harboring or concealing terrorists 7a7 ,offense ,whoever harbors or conceals any person who he knows1 or has reasonable grounds to believe1 has committed1 or is about to commit1 an offense under section #acja 7relating to destruction of aircraft or aircraft facilities71 section #fba 7relating to biological weapons71 section #fca 7relating to chemical weapons71 section #fja 7relating to nuclear materials71 paragraph 7#b7 or 7#c7 of section #fad7;f7 7relating to arson and bombing of government property risking or causing injury or death71 section #abje7;a7 7relating to the destruction of an energy facility71 section #acde 7relating to violence against maritime navigation71 section #bga 7relating to weapons of mass destruction71 or section #bgc 7relating to acts of terrorism transcending national boundaries7 of this title1 section #bcf7;a7 7relating to sabotage of nuclear facilities or fuel7 of the ,atomic ,energy ,act of #aied1 or section #dfejb 7relating to aircraft piracy7 of title #di1 shall imprisoned not more than ten years4 7b7 ,venue ,a violation of this section may be prosecuted in any ,federal judicial district in which the underlying offense was committed1 or in any other ,federal judicial district as provided by law4 #bgh4 ,providing material support to terrorists 7a7 ,offense ,whoever provides material support or resources or conceals or disguises the nature1 location1 source1 or ownership of material support or resources1 knowing or intending that they are to be used in preparation for1 or in carrying out1 a violation of section #ajb7b71 7#d71 7#f71 7#g71 or 7#h71 #aab if the victim is an individual whose killing is an offense under section #ajb7f71 7#g71 or 7#h71 #aba if the victim is an individual whose killing is an offense under section #ajb7f7 or 7#g71 #abc1 #bga1 #bgc1 #ega1 #eic7;c71 #fja1 #fab7m7 or 7n71 #fad7;f7 or 7i71 #fba1 #fca1 #ibd1 #abja1 #abjb1 #abjc1 #abje1 #abha1 #abia1 #abig1 #acja1 #acje1 #acca1 or #acde of this title1 section #bcf of the ,atomic ,energy ,act of #aied1 section #dfejb or #fjabc7;b7 of title #di1 or any offense listed in section #bgc7;g77#c77;,b7 7except for sections #bgh and #bgi7 or in preparation for1 or in carrying out1 the concealment of an escape from the commission of any such violation shall be imprisoned not more than #ae years4 ,a violation of this section may be prosecuted in any ,federal judicial district in which the underlying offense was committed1 or in any other ,federal judicial district as provided by law1 and1 if the death of any person results1 shall be imprisoned for any term of years or for life4 7b7 ,definitions ,as used in this section-- 7#a7 the term material support or resources means any property1 tangible or intangible1 or service1 including currency or monetary instruments or financial securities1 financial services1 lodging1 training1 expert advice or assistance1 safehouses1 false documentation or identification1 communications equipment1 facilities1 weapons1 lethal substances1 explosives1 personnel 7#a or more individuals who may be or include oneself71 and transportation1 except medicine or religious materials2 7#b7 the term training means instruction or teaching designed to impart a specific skill1 as opposed to general knowledge2 and 7#c7 the term expert advice or assistance means advice or assistance derived from scientific1 technical or other specialized knowledge4 #bgi4 ,providing material support or resources to designated foreign terrorist organizations 7a7 ,prohibited activities 7#a7 ,unlawful conduct ,whoever knowingly provides material support or resources to a foreign terrorist organization shall be imprisoned not more than #ae years1 or both1 and if the death of any person results1 shall be imprisoned for any term of years or for life4 ,to violate this paragraph1 a person must have knowledge that the organization is a designated terrorist organization 7as defined in subsection 7g77#f771 that the organization has engaged or engages in terrorist activity 7as defined in section #bab7;a77#c77;,b7 of the ,immigration and ,nationality ,act71 or that the organization has engaged or engages in terrorism 7as defined in section #adj7;d77#b7 of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aihh and #aihi74 7#b7 ,financial institutions ,except as authorized by the ,secretary1 any financial institution that becomes aware that it has possession of1 or control over1 any funds in which a foreign terrorist organization1 or its agent1 has an interest1 shall-- 7,a7 retain possession of1 or maintain control over1 such funds2 and 7,b7 report to the ,secretary the existence of such funds in accordance with regulations issued by the ,secretary4 7b7 ,civil penalty ,any financial institution that knowingly fails to comply with subsection 7a77#b7 shall be subject to a civil penalty in an amount that is the greater of-- 7#a7 #ej1jjj per violation2 or 7#b7 twice the amount of which the financial institution was required under subsection 7a77#b7 to retain possession or control4 7c7 ,injunction ,whenever it appears to the ,secretary or the ,attorney ,general that any person is engaged in1 or is about to engage in1 any act that constitutes1 or would constitute1 a violation of this section1 the ,attorney ,general may initiate civil action in a district court of the ,united ,states to enjoin such violation4 7d7 ,extraterritorial jurisdiction ,there is extraterritorial jurisdiction over an offense under this section4 7e7 ,classified information in civil proceedings brought by the ,united ,states 7#a7 ,discovery of classified information by defendants 7,a7 ,request by ,united ,states ,in any civil proceeding under this section1 upon request made ex parte and in writing by the ,united ,states1 a court1 upon a sufficient showing1 may authorize the ,united ,states to-- 7i7 redact specified items of classified information from documents to be introduced into evidence or made available to the defendant through discovery under the ,federal ,rules of ,civil ,procedure2 7ii7 substitute a summary of the information for such classified documents2 or 7iii7 substitute a statement admitting relevant facts that the classified information would tend to prove4 7,b7 ,order granting request ,if the court enters an order granting a request under this paragraph1 the entire text of the documents to which the request relates shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal4 7,c7 ,denial of request ,if the court enters an order denying a request of the ,united ,states under this paragraph1 the ,united ,states may take an immediate1 interlocutory appeal in accordance with paragraph 7#e74 ,for purposes of such an appeal1 the entire text of the documents to which the request relates1 together with any transcripts of arguments made ex parte to the court in connection therewith1 shall be maintained under seal and delivered to the appellate court4 7#b7 ,introduction of classified information2 precautions by court 7,a7 ,exhibits ,to prevent unnecessary or inadvertent disclosure of classified information in a civil proceeding brought by the ,united ,states under this section1 the ,united ,states may petition the court ex parte to admit1 in lieu of classified writings1 recordings1 or photographs1 one or more of the following3 7i7 ,copies of items from which classified information has been redacted4 7ii7 ,stipulations admitting relevant facts that specific classified information would tend to prove4 7iii7 ,a declassified summary of the specific classified information4 7,b7 ,determination by court ,the court shall grant a request under this paragraph if the court finds that the redacted item1 stipulation1 or summary is sufficient to allow the defendant to prepare a defense4 7#c7 ,taking of trial testimony 7,a7 ,objection ,during the examination of a witness in any civil proceeding brought by the ,united ,states under this subsection1 the ,united ,states may object to any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible4 7,b7 ,action by court ,in determining whether a response is admissible1 the court shall take precautions to guard against the compromise of any classified information1 including-- 7i7 permitting the ,united ,states to provide the court1 ex parte1 with a proffer of the witness's response to the question or line of inquiry2 and 7ii7 requiring the defendant to provide the court with a proffer of the nature of the information that the defendant seeks to elicit4 7,c7 ,obligation of defendant ,in any civil proceeding under this section1 it shall be the defendant's obligation to establish the relevance and materiality of any classified information sought to be introduced4 7#d7 ,appeal ,if the court enters an order denying a request of the ,united ,states under this subsection1 the ,united ,states may take an immediate interlocutory appeal in accordance with paragraph 7#e74 7#e7 ,interlocutory appeal 7,a7 ,subject of appeal ,an interlocutory appeal by the ,united ,states shall lie to a court of appeals from a decision or order of a district court-- 7i7 authorizing the disclosure of classified information2 7ii7 imposing sanctions for nondisclosure of classified information2 or 7iii7 refusing a protective order sought by the ,united ,states to prevent the disclosure of classified information4 7,b7 ,expedited consideration 7i7 ,in general ,an appeal taken pursuant to this paragraph1 either before or during trial1 shall be expedited by the court of appeals4 7ii7 ,appeals prior to trial ,if an appeal is of an order made prior to trial1 an appeal shall be taken not later than #ad days after the decision or order appealed from1 and the trial shall not commence until the appeal is resolved4 7iii7 ,appeals during trial ,if an appeal is taken during trial1 the trial court shall adjourn the trial until the appeal is resolved1 and the court of appeals-- 7,i7 shall hear argument on such appeal not later than #d days after the adjournment of the trial1 excluding intermediate weekends and holidays2 7,,ii7 may dispense with written briefs other than the supporting materials previously submitted to the trial court2 7,,iii7 shall render its decision not later than #d days after argument on appeal1 excluding intermediate weekends and holidays2 and 7,,iv7 may dispense with the issuance of a written opinion in rendering its decision4 7,c7 ,effect of ruling ,an interlocutory appeal and decision does not affect the right of the defendant1 in a subsequent appeal from a final judgment1 to claim as error reversal by the trial court on remand of a ruling appealed from during trial4 7#f7 ,construction ,nothing in this subsection shall prevent the ,united ,states from seeking protective orders or asserting privileges ordinarily available to the ,united ,states to protect against the disclosure of classified information1 including the invocation of the military and ,state secrets privilege4 7f7 ,definitions ,as used in this section-- 7#a7 the term classified information has the meaning given that term in section #a7;a7 of the ,classified ,information ,procedures ,act2 7#b7 the term funds includes coin or currency of the ,united ,states or any other country1 traveler's checks1 personal checks1 bank checks1 money orders1 stocks1 bonds1 debentures1 drafts1 letters of credit1 any other negotiable instrument1 and any electronic representation of any of the foregoing2 7#c7 the term material support or resources has the same meaning given that term in section #bgh 7including the definitions of training and expert advice or assistance in that section72 7#d7 the term ,secretary means the ,secretary of the ,treasury2 and 7#e7 the term terrorist organization means an organization designated as a terrorist organization under section #bai of the ,immigration and ,nationality ,act4 7g7 ,provision of ,personnel ,no person may be prosecuted under this section in connection with the term personnel unless that person has knowingly provided a foreign terrorist organization with #a or more individuals 7who may be or include himself7 to work under that terrorist organization's direction or control or to organize1 manage1 supervise1 or otherwise direct the operation of that organization4 ,individuals who act entirely independently of the foreign terrorist organization to advance its goals or objectives shall not be considered to be working under the foreign terrorist organization's direction and control4 7h7 ,rule of ,construction ,nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the ,first ,amendment to the ,constitution of the ,united ,states4 7i7 ,exception ,no person may be prosecuted under this section in connection with the term personnel1 training1 or expert advice or assistance if the provision of that material support or resources to a foreign terrorist organization was approved by the ,secretary of ,state with the concurrence of the ,attorney ,general4 ,the ,secretary of ,state may not approve the provision of any material support that may be used to carry out terrorist activity 7as defined in section #bab7;a77#c77;,b77iii7 of the ,immigration and ,nationality ,act74 #bhj4 ,prohibitions against the financing of terrorism 7a7 ,offenses 7#a7 ,in general ,whoever1 in a circumstance described in subsection 7b71 by any means1 directly or indirectly1 unlawfully and knowingly provides or collects funds with the intention that such funds be used1 or with the knowledge that such funds are to be used1 in full or in part1 in order to carry out-- 7,a7 an act which constitutes an offense within the scope of a treaty specified in subsection 7e77#g71 as implemented by the ,united ,states1 or 7,b7 any other act intended to cause death or serious bodily injury to a civilian1 or to any other person not taking an active part in the hostilities in a situation of armed conflict1 when the purpose of such act1 by its nature or context1 is to intimidate a population1 or to compel a government or an international organization to do or to abstain from doing any act1 shall be punished as prescribed in subsection 7d77#a74 7#b7 ,relationship to predicate act ,for an act to constitute an offense set forth in this subsection1 it shall not be necessary that the funds were actually used to carry out a predicate act4 7b7 ,jurisdiction ,there is jurisdiction over the offenses in subsection 7a7 in the following circumstances-- 7#a7 the offense takes place in the ,united ,states and-- 7,a7 a perpetrator was a national of another state or a stateless person2 7,b7 on board a vessel flying the flag of another state or an aircraft which is registered under the laws of another state at the time the offense is committed2 7,c7 on board an aircraft which is operated by the government of another state2 7,d7 a perpetrator is found outside the ,united ,states2 7,e7 was directed toward or resulted in the carrying out of a predicate act against-- 7i7 a national of another state2 or 7ii7 another state or a government facility of such state1 including its embassy or other diplomatic or consular premises of that state2 7,f7 was directed toward or resulted in the carrying out of a predicate act committed in an attempt to compel another state or international organization to do or abstain from doing any act2 or 7,g7 was directed toward or resulted in the carrying out of a predicate act-- 7i7 outside the ,united ,states2 or 7ii7 within the ,united ,states1 and either the offense or the predicate act was conducted in1 or the results thereof affected1 interstate or foreign commerce2 7#b7 the offense takes place outside the ,united ,states and-- 7,a7 a perpetrator is a national of the ,united ,states or is a stateless person whose habitual residence is in the ,united ,states2 7,b7 a perpetrator is found in the ,united ,states2 or 7,c7 was directed toward or resulted in the carrying out of a predicate act against-- 7i7 any property that is owned1 leased1 or used by the ,united ,states or by any department or agency of the ,united ,states1 including an embassy or other diplomatic or consular premises of the ,united ,states2 7ii7 any person or property within the ,united ,states2 7iii7 any national of the ,united ,states or the property of such national2 or 7iv7 any property of any legal entity organized under the laws of the ,united ,states1 including any of its ,states1 districts1 commonwealths1 territories1 or possessions2 7#c7 the offense is committed on board a vessel flying the flag of the ,united ,states or an aircraft which is registered under the laws of the ,united ,states at the time the offense is committed2 7#d7 the offense is committed on board an aircraft which is operated by the ,united ,states2 or 7#e7 the offense was directed toward or resulted in the carrying out of a predicate act committed in an attempt to compel the ,united ,states to do or abstain from doing any act4 7c7 ,concealment ,whoever-- 7#a7 7,a7 is in the ,united ,states2 or 7,b7 is outside the ,united ,states and is a national of the ,united ,states or a legal entity organized under the laws of the ,united ,states 7including any of its ,states1 districts1 commonwealths1 territories1 or possessions72 and 7#b7 knowingly conceals or disguises the nature1 location1 source1 ownership1 or control of any material support or resources1 or any funds or proceeds of such funds-- 7,a7 knowing or intending that the support or resources are to be provided1 or knowing that the support or resources were provided1 in violation of section #bgi2 or 7,b7 knowing or intending that any such funds are to be provided or collected1 or knowing that the funds were provided or collected1 in violation of subsection 7a71 shall be punished as prescribed in subsection 7d77#b74 7d7 ,penalties 7#a7 ,subsection 7a7 ,whoever violates subsection 7a7 shall be imprisoned for not more than #bj years4 7#b7 ,subsection 7c7 ,whoever violates subsection 7c7 shall be imprisoned for not more than #aj years4 7e7 ,definitions ,in this section-- 7#a7 the term funds means assets of every kind1 whether tangible or intangible1 movable or immovable1 however acquired1 and legal documents or instruments in any form1 including electronic or digital1 evidencing title to1 or interest in1 such assets1 including coin1 currency1 bank credits1 travelers checks1 bank checks1 money orders1 shares1 securities1 bonds1 drafts1 and letters of credit2 7#b7 the term government facility means any permanent or temporary facility or conveyance that is used or occupied by representatives of a state1 members of a government1 the legislature1 or the judiciary1 or by officials or employees of a state or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties2 7#c7 the term proceeds means any funds derived from or obtained1 directly or indirectly1 through the commission of an offense set forth in subsection 7a72 7#d7 the term provides includes giving1 donating1 and transmitting2 7#e7 the term collects includes raising and receiving2 7#f7 the term predicate act means any act referred to in subparagraph 7,a7 or 7,b7 of subsection 7a77#a72 7#g7 the term treaty means-- 7,a7 the ,convention for the ,suppression of ,unlawful ,seizure of ,aircraft1 done at ,the ,hague on ,december #af1 #aigj2 7,b7 the ,convention for the ,suppression of ,unlawful ,acts against the ,safety of ,civil ,aviation1 done at ,montreal on ,september #bc1 #aiga2 7,c7 the ,convention on the ,prevention and ,punishment of ,crimes against ,internationally ,protected ,persons1 including ,diplomatic ,agents1 adopted by the ,general ,assembly of the ,united ,nations on ,december #ad1 #aigc2 7,d7 the ,international ,convention against the ,taking of ,hostages1 adopted by the ,general ,assembly of the ,united ,nations on ,december #ag1 #aigi2 7,e7 the ,convention on the ,physical ,protection of ,nuclear ,material1 adopted at ,vienna on ,march #c1 #aihj2 7,f7 the ,protocol for the ,suppression of ,unlawful ,acts of ,violence at ,airports ,serving ,international ,civil ,aviation1 supplementary to the ,convention for the ,suppression of ,unlawful ,acts against the ,safety of ,civil ,aviation1 done at ,montreal on ,february #bd1 #aihh2 7,g7 the ,convention for the ,suppression of ,unlawful ,acts against the ,safety of ,maritime ,navigation1 done at ,rome on ,march #aj1 #aihh2 7,h7 the ,protocol for the ,suppression of ,unlawful ,acts against the ,safety of ,fixed ,platforms located on the ,continental ,shelf1 done at ,rome on ,march #aj1 #aihh2 or 7,i7 the ,international ,convention for the ,suppression of ,terrorist ,bombings1 adopted by the ,general ,assembly of the ,united ,nations on ,december #ae1 #aiig2 7#h7 the term intergovernmental organization includes international organizations2 7#i7 the term international organization has the same meaning as in section #acf2 7#aj7 the term armed conflict does not include internal disturbances and tensions1 such as riots1 isolated and sporadic acts of violence1 and other acts of a similar nature2 7#aa7 the term material support or resources has the same meaning given that term in section #bgi7;f77#c72 and 7#ab7 the term state has the same meaning as that term has under international law1 and includes all political subdivisions thereof4 7f7 ,civil penalty ,in addition to any other criminal1 civil1 or administrative liability or penalty1 any legal entity located within the ,united ,states or organized under the laws of the ,united ,states1 including any of the laws of its ,states1 districts1 commonwealths1 territories1 or possessions1 shall be liable to the ,united ,states for the sum of at least #aj1jjj1 if a person responsible for the management or control of that legal entity has1 in that capacity1 committed an offense set forth in subsection 7a74 #bha4 ,receiving military-type training from a foreign terrorist organization 7a7 ,offense ,whoever1 if a circumstance exists that is described in section #bgi7;d71 knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the ,secretary of ,state under section #bai7;a77#a7 of the ,immigration and ,nationality ,act as a foreign terrorist organization shall be imprisoned for ten years4 ,to violate this subsection1 a person must have knowledge that the organization is a designated terrorist organization 7as defined in subsection 7b77#c771 that the organization has engaged or engages in terrorist activity 7as defined in section #bab of the ,immigration and ,nationality ,act71 or that the organization has engaged or engages in terrorism 7as defined in section #adj7;d77#b7 of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aihh and #aihi74 7b7 ,definitions ,as used in this section-- 7#a7 the term military-type training includes training in means or methods that can cause death or serious bodily injury1 destroy or damage property1 or disrupt services to critical infrastructure1 or training on the use1 storage1 production1 or assembly of any explosive1 firearm or other weapon1 including any weapon of mass destruction 7as defined in section #bga7;b77#a772 7#b7 the term critical infrastructure means systems and assets vital to national defense1 national security1 economic security1 public health or safety including both regional and national infrastructure4 ,critical infrastructure may be publicly or privately owned2 examples of critical infrastructure include gas and oil production1 storage1 or delivery systems1 water supply systems1 telecommunications networks1 electrical power generation or delivery systems1 financing and banking systems1 emergency services 7including medical1 police1 fire1 and rescue services71 and transportation systems and services 7including highways1 mass transit1 airlines1 and airports72 and 7#c7 the term foreign terrorist organization means an organization designated as a terrorist organization under section #bai7;a77#a7 of the ,immigration and ,nationality ,act4 #bhb4 ,civil remedies 7a7 ,action and jurisdiction ,any national of the ,united ,states who suffers any loss by reason of an act of international terrorism1 or the estate1 survivors1 or heirs of that national1 may in a civil action in any appropriate district court of the ,united ,states recover threefold the damages sustained and the cost of the suit1 including attorney's fees4 7b7 ,estoppel under ,united ,states law ,a final judgment or decree rendered in favor of the ,united ,states in any criminal proceeding under section #ajb1 #aaa1 #aab1 #aba1 or #abc of this title or section #dfcad1 #dfejb1 #dfeje1 or #dfejf of title #di shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section4 7c7 ,estoppel under foreign law ,a final judgment or decree rendered in favor of any foreign state in any criminal proceeding shall1 to the extent that such judgment or decree may be accorded full faith and credit under the law of the ,united ,states1 estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section4 7d7 ,general venue ,a civil action under this section may be instituted the ,united ,states district court for any district where any plaintiff resides or where any defendant resides or is served1 or has an agent4 ,process in such a civil action may be served in any district where the defendant resides1 is found1 or has an agent4 7e7 ,special maritime or territorial jurisdiction ,if the actions giving rise to the claim occurred within the special maritime and territorial jurisdiction of the ,united ,states1 then a civil action under this section may be instituted in the ,united ,states district court for any district in which any plaintiff resides or the defendant resides1 is served1 or has an agent4 7f7 ,service on witnesses ,a witness in a civil action brought under this section may be served in any other district where the defendant resides1 is found1 or has an agent4 7g7 ,convenience of the forum ,the district court shall not dismiss any action brought under this section on the grounds of the inconvenience or inappropriateness of the forum chosen1 unless-- 7#a7 the action may be maintained in a foreign court that has jurisdiction over the subject matter and over all the defendants2 7#b7 that foreign court is significantly more convenient and appropriate2 and 7#c7 that foreign court offers a remedy which is substantially the same as the one available in the courts of the ,united ,states4 7h7 ,statute of limitations 7#a7 ,subject to subsection 7b71 a civil action under this section shall not be maintained unless commenced within #aj years after the date the cause of action accrued4 7#b7 ,the time of the absence of the defendant from the ,united ,states or from any jurisdiction in which the same or a similar action arising from the same facts may be maintained by the plaintiff1 or of any concealment of the defendant's whereabouts1 shall not be included in the #aj-year period set forth in paragraph 7#a74 7i7 ,acts of war ,no action shall be maintained under this section for injury or loss by reason of an act of war4 7j7 ,limitation on discovery ,if a party to an action under this section seeks to discover the investigative files of the ,department of ,justice1 the ,assistant ,attorney ,general1 ,deputy ,attorney ,general1 or ,attorney ,general may object on the ground that compliance will interfere with a criminal investigation or prosecution of the incident1 or a national security operation related to the incident1 which is the subject of the civil litigation4 ,the court shall evaluate any such objections in camera and shall stay the discovery if the court finds that granting the discovery request will substantially interfere with a criminal investigation or prosecution of the incident or a national security operation related to the incident4 ,the court shall consider the likelihood of criminal prosecution by the ,government and other factors it deems to be appropriate4 ,a stay of discovery under this subsection shall constitute a bar to the granting of a motion to dismiss under rules #ab7;b77#f7 and #ef of the ,federal ,rules of ,civil ,procedure4 ,if the court grants a stay of discovery under this subsection1 it may stay the action in the interests of justice4 7k7 ,stay of action for civil remedies 7#a7 ,the ,attorney ,general may intervene in any civil action brought under this section for the purpose of seeking a stay of the civil action4 ,a stay shall be granted if the court finds that the continuation of the civil action will substantially interfere with a criminal prosecution which involves the same subject matter and in which an indictment has been returned1 or interfere with national security operations related to the terrorist incident that is the subject of the civil action4 ,a stay may be granted for up to #f months4 ,the ,attorney ,general may petition the court for an extension of the stay for additional #f-month periods until the criminal prosecution is completed or dismissed4 7#b7 ,in a proceeding under this subsection1 the ,attorney ,general may request that any order issued by the court for release to the parties and the public omit any reference to the basis on which the stay was sought4 7l7 ,suits against governments ,no action shall be maintained under this section against-- 7#a7 the ,united ,states1 an agency of the ,united ,states1 or an officer or employee of the ,united ,states or any agency thereof acting within his or her official capacity or under color of legal authority2 or 7#b7 a foreign state1 an agency of a foreign state1 or an officer or employee of a foreign state or an agency thereof acting within his or her official capacity or under color of legal authority4 7m7 ,exclusive jurisdiction ,the district courts of the ,united ,states shall have exclusive original jurisdiction over an action brought under this section4 #bhc4 ,definitions for subchapter ,as used in this subchapter-- 7#a7 the term international terrorism means activities that-- 7,a7 involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the ,united ,states or of any ,state1 or that would be a criminal violation if committed within the jurisdiction of the ,united ,states or of any ,state2 7,b7 appear to be intended-- 7i7 to intimidate or coerce a civilian population2 7ii7 to influence the policy of a government by intimidation or coercion2 or 7iii7 to affect the conduct of a government by mass destruction1 assassination1 or kidnapping2 and 7,c7 occur primarily outside the territorial jurisdiction of the ,united ,states1 or transcend national boundaries in terms of the means by which they are accomplished1 the persons they appear intended to intimidate or coerce1 or the locale in which their perpetrators operate or seek asylum2 7#b7 the term act of war means any act occurring in the course of-- 7,a7 declared war2 7,b7 armed conflict1 whether or not war has been declared1 between two or more nations2 or 7,c7 armed conflict between military forces of any origin2 and 7#c7 the term domestic terrorism means activities that-- 7,a7 involve acts dangerous to human life that are a violation of the criminal laws of the ,united ,states or of any ,state2 7,b7 appear to be intended-- 7i7 to intimidate or coerce a civilian population2 7ii7 to influence the policy of a government by intimidation or coercion2 or 7iii7 to affect the conduct of a government by mass destruction1 assassination1 or kidnapping2 and 7,c7 occur primarily within the territorial jurisdiction of the ,united ,states4 ,c ,,military ,,and ,,navy #bia4 ,entering military1 naval1 or ,coast ,guard property4 #bib4 ,use of army and ,air ,force as posse comitatus4 #bic4 ,disruptions of funerals of members or former members of the ,armed ,forces4 #bid4 ,demonstrations at cemeteries under the control of the national cemetery administration and at ,arlington ,national ,cemetery4 #bie4 ,prohibition on attacks on ,united ,states servicemen on account of service4 #bia4 ,entering military1 naval1 or ,coast ,guard property ,whoever-- 7#a7 within the jurisdiction of the ,united ,states1 goes upon any military1 naval1 or ,coast ,guard reservation1 post1 fort1 arsenal1 yard1 station1 or installation1 for any purpose prohibited by law or lawful regulation2 or 7#b7 reenters or is found within any such reservation1 post1 fort1 arsenal1 yard1 station1 or installation1 after having been removed therefrom or ordered not to reenter by any officer or person in command or charge thereof2 shall be or imprisoned not more than six months4 #bib4 ,use of ,army and ,air ,force as posse comitatus ,whoever1 except in cases and under circumstances expressly authorized by the ,constitution or ,act of ,congress1 knowingly uses any part of the ,army or the ,air ,force as a posse comitatus or otherwise to execute the laws shall be imprisoned not more than two years4 #bic4 ,disruptions of funerals of members or former members of the ,armed ,forces 7a7 ,offense ,whoever engages in disruptive activity at a covered funeral of a member or former member of the ,armed services or at a covered residence shall be imprisoned not more than one year4 7b7 ,civil ,remedies 7#a7 ,district courts ,the district courts of the ,united ,states shall have jurisdiction-- 7,a7 to prevent and restrain violations of this section2 and 7,b7 for the adjudication of any cliams for relief under this section4 7#b7 ,attorney general ,the ,attorney ,general may institute proceedings under this section4 7#c7 ,claims ,any person1 including a surviving member of the deceased individual's family1 who suffers injury as a result of conduct that violates this section may-- 7,a7 sue therefor in any appropriate ,united ,states district court or in any court of competent jurisdiction2 and 7,b7 recover damages as provided in subsection 7c7 and the cost of the suit1 including reasonable attorneys' fees4 7#d7 ,estoppel ,a final judgment or decree rendered in favor of the ,united ,states in any criminal proceeding brought by the ,united ,states under this section shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by a person or by the ,united ,states4 7c7 ,actual and statutory damages 7#a7 ,in general ,in addition to any penalty imposed under subsection 7a71 a violator of this section is liable in an action under subsection 7b7 for actual or statutory damages as provided in this subsection4 7#b7 ,actions by private persons ,a person bringing an action under subsection 7b77#c7 may elect1 at any time before final judgment is rendered1 to recover the actual damages suffered by him or her as a result of the violation or1 instead of actual damages1 an award of statutory damages for each violation involved in the action4 7#c7 ,actions by ,attorney ,general ,in any action under subsection 7b77#b71 the ,attorney ,general is entitled to recover an award of statutory damages for each violation involved in the action notwithstanding any recovery under subsection 7b77#c74 7#d7 ,statutory damages ,a court may award1 as the court considers just1 statutory damages in a sum of not less than #be1jjj or more than #ej1jjj per violation4 7d7 ,rebuttable presumption ,it shall be a rebuttable presumption that the violation was committed willfully for purposes of determining relief under this section if the violator1 or a person acting in concert with the violator1 did not have reasonable grounds to believe1 either from the attention or publicity sought by the violator or other circumstance1 that the conduct of such violator or person would not disturb or tend to disturb the peace or good order of such funeral1 impede or tend to impede the access to or egress from such funeral1 or disturb or tend to disturb the peace of any surviving member of the deceased individual's family who may be found on or near the residence1 home1 or domicile of the deceased individual's family on the date of the service or ceremony4 7e7 ,definitions ,as used in this section-- 7#a7 the term disruptive activity means-- 7,a7 during the period beginning #abj minutes before and ending #abj minutes after such funeral1 knowingly making noise or a diversion with intent to disturb the peace and good order of the funeral that-- 7i7 is not part of the funeral2 and 7ii7 takes place within the boundaries of the location of such funeral or takes place within #cjj feet of the point of the intersection between the boundary of the location of such funeral and a road1 pathway1 or other route of ingress to or egress from the location of such funeral2 7,b7 intentionally and without authorization1 within #ejj feet of the boundary of the location of such funeral1 impeding access to or egress from the location of the funeral2 or 7,c7 knowingly making a noise or diversion with intent to disturb the peace of persons that takes place on or near the boundary of a covered residence4 7#b7 the term covered funeral means a ceremony or memorial service held in connection with the burial or cremation of a member or former member of the ,armed ,forces1 which is not located at a cemetery under the control of the ,national ,cemetery ,administration or part of ,arlington ,national ,cemetery2 7#c7 the term covered residence means a residence1 home1 or domicile of any surviving member of the deceased individual's family4 7#d7 the term ,armed ,forces has the meaning given the term in section #aja of title #aj2 7#e7 the term boundary of the location1 with respect to the place a covered funeral is held1 means-- 7,a7 the property line of the place1 if the place is cemetery1 mortuary1 or house of worship2 and 7,b7 the reasonable property line of any other location4 7#f7 the term family has the meaning given such term in section #acf4 #bid4 ,demonstrations at cemeteries under the control of the national cemetery administration and at ,arlington ,national ,cemetery ,whoever violates section #bdac of title #ch shall be imprisoned for not more than one year4 #bie4 ,prohibition on attacks on ,united ,states servicemen on account of service 7a7 ,in general ,whoever knowingly assaults or batters a ,united ,states serviceman or a family member of a ,united ,states serviceman1 or who knowingly destroys or injures the property of such serviceman or family member1 on account of the military service of that serviceman or status of that individual as a ,united ,states serviceman1 or who attempts or conspires to do so1 shall 7#a7 in the case of a simple assault1 or destruction or injury to property in which the damage or attempted damage to such property is not more than #ejj1 be fined under this title in an amount not less than #ejj nor more than #aj1jjj and imprisoned not more than #b years2 7#b7 in the case of destruction or injury to property in which the damage or attempted damage to such property is more than #ejj1 be fined under this title in an amount not less than #ajjj nor more than #ajj1jjj and imprisoned not more than #e years2 and 7#c7 in the case of a battery1 or an assault resulting in bodily injury1 be fined under this title in an amount not less than #b1ejj and imprisoned not less than #f months nor more than #aj years4 7b7 ,exception ,this section does not apply to conduct by a person who is subject to the ,uniform ,code of ,military ,justice4 7c7 ,definitions ,in this section 7#a7 the term ,armed ,forces has the meaning given that term in section #aja of title #aj2 7#b7 the term family has the meaning given that term in section #acf2 and 7#c7 the term ,united ,states serviceman-- 7,a7 means a member of the ,armed ,forces2 and 7,b7 includes a former member of the ,armed ,forces during the #e-year period beginning on the date of the discharge from the ,armed ,forces of that member of the ,armed ,forces4 ,d ,,civil ,,disorders ,,and ,,riots #bif4 ,civil disorders4 #bif4 ,civil disorders 7a7 ,offense ,whoever-- 7#a7 teaches or demonstrates to any other person the use1 application1 or making of any firearm or explosive or incendiary device1 or technique capable of causing injury or death to persons1 knowing or having reason to know or intending that the same will be unlawfully employed for use in1 or in furtherance of1 a civil disorder which is in or affects interstate or foreign commerce or the performance of any federally protected function2 7#b7 transports or manufactures for transportation in or affecting interstate or foreign commerce any firearm or explosive or incendiary device1 knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil disorder2 or 7#c7 commits or attempts to commit any act to obstruct1 impede1 or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of official duties incident to and during the commission of a civil disorder which is in or affects commerce or the conduct or performance of any federally protected function2 shall be imprisoned not more than five years4 7b7 ,law enforcement exclusion ,nothing in this section makes unlawful any act of any law enforcement officer which is performed in the lawful performance of official duties4 7c7 ,definitions ,the following definitions apply in this section3 7#a7 ,the term civil disorder means any public disturbance involving acts of violence by assemblages of three or more persons1 which causes an immediate danger of or results in damage or injury to the property or person of any other individual4 7#b7 ,the term federally protected function means any function1 operation1 or action carried out1 under the laws of the ,united ,states1 by any department1 agency1 or instrumentality of the ,united ,states or by an officer or employee thereof2 and such term includes the collection and distribution of the ,united ,states mails4 7#c7 ,the term firearm means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive2 or the frame or receiver of any such weapon4 7#d7 ,the term explosive or incendiary device means-- 7,a7 dynamite and all other forms of high explosives2 7,b7 any explosive bomb1 grenade1 missile1 or similar device2 and 7,c7 any incendiary bomb or grenade1 fire bomb1 or similar device1 including any device which-- 7i7 consists of or includes a breakable container including a flammable liquid or compound1 and a wick composed of any material which1 when ignited1 is capable of igniting such flammable liquid or compound2 and 7ii7 can be carried or thrown by one individual acting alone4 7#e7 ,the term fireman means any member of a fire department 7including a volunteer fire department7 of any ,state1 any political subdivision of a ,state4 7#f7 ,the term law enforcement officer means any officer or employee of the ,united ,states1 of any ,state or any political subdivision of a ,state while engaged in the enforcement or prosecution of any of the criminal laws of the ,united ,states or of that ,state or subdivision2 and such term includes members of the ,national ,guard 7as defined in section #aja of title #aj71 members of the organized militia of a ,state 7as defined in section #aja of title #aj71 and members of the ,armed ,forces of the ,united ,states1 while engaged in suppressing acts of violence or restoring law and order during a civil disorder4 ,e ,,espionage ,,and ,,censorship #cja4 ,general provisions for subchapter4 #cjb4 ,gathering or transmitting defense information4 #cjc4 ,losing defense information4 #cjd4 ,disclosure of classified and other similarly protected information4 #cja4 ,general provisions for subchapter 7a7 ,definition ,in this subchapter1 the term foreign power has the meaning given that term in section #aja7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh4 7b7 ,exclusion relating to lawful demands of ,congress ,nothing in this subchapter prohibits the furnishing1 upon lawful demand1 of information to any regularly constituted committee of the ,senate or ,house of ,representatives of the ,united ,states of ,america1 or joint committee thereof4 #cjb4 ,gathering or transmitting defense information ,whoever1 with intent or reason to believe that the information will be used to the injury of the ,united ,states1 or to the advantage of any foreign power1 knowingly-- 7#a7 obtains information connected with the national defense2 or 7#b7 provides information connected with the national defense to any person not entitled to receive it2 shall be imprisoned for life or for any term of years1 and if death results1 shall be subject to the death penalty4 #cjc4 ,losing defense information ,whoever1 having lawful possession or control of any information connected with the national defense-- 7#a7 recklessly permits that information to be lost1 stolen1 or destroyed2 or 7#b7 knowing that the information has been lost1 or stolen1 or destroyed1 fails to make prompt report of that fact to an appropriate superior officer2 shall be imprisoned not more than #aj years4 #cjd4 ,disclosure of classified and other similarly protected information 7a7 ,offense ,whoever knowingly provides protected information to a person not entitled to receive it1 or knowingly uses protected information to the injury of the ,united ,states1 or to the advantage of any foreign power shall be imprisoned not more than #aj years4 7b7 ,definitions ,in this section-- 7#a7 the term protected information means any classified information or any ,restricted ,data 7as defined for the purposes of the ,atomic ,energy ,act of #aied72 7#b7 the term classified information means information which1 at the time of a violation of this section1 is1 for reasons of national security1 specifically designated by a ,united ,states ,government authority for limited or restricted dissemination or distribution-- 7,a7 concerning the nature1 preparation1 or use of any code1 cipher1 or cryptographic system of the ,united ,states or any foreign power2 7,b7 concerning the design1 construction1 use1 maintenance1 or repair of any device1 apparatus1 or appliance used or prepared or planned for use by the ,united ,states or any foreign power for cryptographic or communication intelligence purposes2 7,c7 concerning the communication intelligence activities of the ,united ,states or any foreign power2 or 7,d7 obtained by the processes of communication intelligence from the communications of any foreign power1 knowing the same to have been obtained by such processes2 and 7#c7 the terms code1 cipher1 and cryptographic system include any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents1 significance1 or meanings of communications4 ,f ,,immigration ,,and ,,nationality #caa4 ,false statement in application and use of passport4 #cab4 ,forgery or false use of passport4 #cac4 ,misuse of passport4 #cad4 ,fraud and misuse of visas1 permits1 and other documents4 #cae4 ,procurement of citizenship or naturalization unlawfully4 #caf4 ,sale of naturalization or citizenship papers4 #cag4 ,penalties related to removal4 #cah4 ,bringing in and harboring certain aliens4 #cai4 ,entry of alien at improper time or place2 misrepresentation and concealment of facts4 #cbj4 ,reentry of removed alien4 #cba4 ,aiding or assisting certain aliens to enter the ,united ,states4 #cbb4 ,increased penalty for certain terrorism related offenses4 #caa4 ,false statement in application and use of passport ,whoever-- 7#a7 knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the ,united ,states1 either for his own use or the use of another1 contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws2 or 7#b7 knowingly uses or attempts to use1 or furnishes to another for use any passport the issue of which was secured in any way by reason of any false statement2 shall be imprisoned not more than #ae years4 #cab4 ,forgery or false use of passport ,whoever-- 7#a7 falsely makes1 forges1 counterfeits1 mutilates1 or alters any passport or instrument purporting to be a passport1 with intent that the same may be used2 or 7#b7 knowingly uses1 or attempts to use1 or furnishes to another for use any such false1 forged1 counterfeited1 mutilated1 or altered passport or instrument purporting to be a passport1 or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same2 shall be imprisoned not more than #ae years4 #cac4 ,misuse of passport ,whoever-- 7#a7 knowingly uses1 or attempts to use1 any passport issued or designed for the use of another2 7#b7 knowingly uses or attempts to use any passport in violation of the conditions or restrictions therein contained1 or of the rules prescribed pursuant to the laws regulating the issuance of passports2 or 7#c7 knowingly furnishes1 disposes of1 or delivers a passport to any person1 for use by another than the person for whose use it was originally issued and designed2 shall be imprisoned not more than #ae years4 #cad4 ,fraud and misuse of visas1 permits1 and other documents 7a7 ,forgery and similar conduct ,whoever-- 7#a7 knowingly forges1 counterfeits1 alters1 or falsely makes any immigrant or nonimmigrant visa1 permit1 border crossing card1 alien registration receipt card1 or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the ,united ,states1 or utters1 uses1 attempts to use1 possesses1 obtains1 accepts1 or receives any such visa1 permit1 border crossing card1 alien registration receipt card1 or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the ,united ,states1 knowing it to be forged1 counterfeited1 altered1 or falsely made1 or to have been procured by means of any false claim or statement1 or to have been otherwise procured by fraud or unlawfully obtained2 7#b7 except under direction of the ,attorney ,general or the ,secretary of ,homeland ,security1 or other proper officer1 knowingly possesses any blank permit1 or engraves1 sells1 brings into the ,united ,states1 or has in his control or possession any plate in the likeness of a plate designed for the printing of permits1 or makes any print1 photograph1 or impression in the likeness of any immigrant or nonimmigrant visa1 permit or other document required for entry into the ,united ,states1 or has in his possession a distinctive paper which has been adopted by the ,attorney ,general or ,secretary of ,homeland ,security for the printing of such visas1 permits1 or documents2 7#c7 when applying for an immigrant or nonimmigrant visa1 permit1 or other document required for entry into the ,united ,states1 or for admission to the ,united ,states personates another1 or falsely appears in the name of a deceased individual1 or evades or attempts to evade the immigration laws by appearing under an assumed or fictitious name without disclosing his true identity1 or sells or otherwise disposes of1 or offers to sell or otherwise dispose of1 or utters1 such visa1 permit1 or other document1 to any person not authorized by law to receive such document2 or 7#d7 knowingly makes under oath1 or as permitted under penalty of perjury under section #agdf of title #bh1 knowingly subscribes as true1 any false statement with respect to a material fact in any application1 affidavit1 or other document required by the immigration laws or regulations prescribed thereunder1 or knowingly presents any such application1 affidavit1 or other document which contains any such false statement or which fails to contain any reasonable basis in law or fact2 shall be imprisoned not more than #ae years4 7b7 ,use of forged of similar documents ,whoever uses-- 7#a7 an identification document1 knowing or having reason to know that the document was not issued lawfully for the use of the possessor2 7#b7 an identification document knowing 7or having reason to know7 that the document is false2 or 7#c7 a false attestation1 for the purpose of satisfying a requirement of section #bgd;,a7b7 of the ,immigration and ,nationality ,act1 shall be imprisoned not more than #e years4 7c7 ,exclusion ,this section does not prohibit any lawfully authorized investigative1 protective1 or intelligence activity of a law enforcement agency of the ,united ,states1 a ,state1 or a subdivision of a ,state1 or of an intelligence agency of the ,united ,states1 or any activity authorized under chapter #bbd of title #ah4 #cae4 ,procurement of citizenship or naturalization unlawfully ,whoever-- 7#a7 knowingly procures or attempts to procure1 contrary to law1 the naturalization of any person1 or documentary or other evidence of naturalization or of citizenship2 or 7#b7 whether for himself or another person not entitled thereto1 knowingly issues1 procures or obtains or applies for or otherwise attempts to procure or obtain naturalization1 or citizenship1 or a declaration of intention to become a citizen1 or a certificate of arrival or any certificate or evidence of nationalization or citizenship1 documentary or otherwise1 or duplicates or copies of any of the foregoing2 shall be imprisoned not more than #ae years4 #caf4 ,sale of naturalization or citizenship papers ,whoever unlawfully sells or disposes of a declaration of intention to become a citizen1 certificate of naturalization1 certificate of citizenship or copies or duplicates or other documentary evidence of naturalization or citizenship1 shall be imprisoned #ae years4 #cag4 ,penalties related to removal 7a7 ,penalty for failure ,to depart 7#a7 ,in general ,any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section #bcg7;a7 of the ,immigration and ,nationality ,act1 who-- 7,a7 knowingly fails or refuses to depart from the ,united ,states within a period of #ij days from the date of the final order of removal under administrative processes1 or if judicial review is had1 then from the date of the final order of the court1 7,b7 knowingly fails or refuses to make timely application in good faith for travel or other documents necessary to the alien's departure1 7,c7 connives or conspires1 or takes any other action1 designed to prevent or hamper or with the purpose of preventing or hampering the alien's departure pursuant to such1 or 7,d7 knowingly fails or refuses to present himself or herself for removal at the time and place required by the ,attorney ,general pursuant to such order1 shall be imprisoned not more than four years 7or #aj years if the alien is a member of any of the classes described in paragraph 7#a77;,e71 7#b71 7#c71 or 7#d7 of section #bcg7;a7 of the ,immigration and ,nationality ,act74 7#b7 ,exception ,it is not a violation of paragraph 7#a7 to take any proper steps for the purpose of securing cancellation of or exemption from such order of removal or for the purpose of securing the alien's release from incarceration or custody4 7#c7 ,suspension ,the court may for good cause suspend the sentence of an alien under this subsection and order the alien's release under such conditions as the court may prescribe4 ,in determining whether good cause has been shown to justify releasing the alien1 the court shall take into account such factors as-- 7,a7 the age1 health1 and period of detention of the alien2 7,b7 the effect of the alien's release upon the national security and public peace or safety2 7,c7 the likelihood of the alien's resuming or following a course of conduct which made or would make the alien deportable2 7,d7 the character of the efforts made by such alien himself and by representatives of the country or countries to which the alien's removal is directed to expedite the alien's departure from the ,united ,states2 7,e7 the reason for the inability of the ,government of the ,united ,states to secure passports1 other travel documents1 or removal facilities from the country or countries to which the alien has been ordered removed2 and 7,f7 the eligibility of the alien for discretionary relief under the immigration laws4 7b7 ,failure ,to comply with terms of release under supervision ,an alien who knowingly fails to comply with regulations or requirements issued pursuant to section #bda7;a77#c7 of the ,immigration and ,nationality ,act or knowingly give false information in response to an inquiry under such section shall be imprisoned for not more than one year4 7c7 ,penalties relating to vessels and aircraft 7#a7 ,civil penalties 7,a7 ,failure to carry out certain orders ,if the ,attorney ,general is satisfied that a person has violated subsection 7d7 or 7e7 of section #bda of the ,immigration and ,nationality ,act1 the person shall pay to the ,commissioner the sum of #b1jjj for each violation4 7,b7 ,failure to remove alien stowaways ,if the ,attorney ,general is satisfied that a person has failed to remove an alien stowaway as required under section #bda7;d77#b7 of the ,immigration and ,nationality ,act1 the person shall pay to the ,commissioner the sum of #e1jjj for each alien stowaway not removed4 7,c7 ,no compromise ,the ,attorney ,general may not compromise the amount of such penalty under this paragraph4 7#b7 ,clearing vessels and aircraft 7,a7 ,clearance before decision on liability ,a vessel or aircraft may be granted clearance before a decision on liability is made under paragraph 7#a7 only if a bond approved by the ,attorney ,general or an amount sufficient to pay the civil penalty is deposited with the ,commissioner4 7,b7 ,prohibition on clearance while penalty unpaid ,a vessel or aircraft may not be granted clearance if a civil penalty imposed under paragraph 7#a7 is not paid4 7d7 ,discontinuing granting visas to nationals of country denying or delaying accepting alien ,on being notified by the ,attorney ,general that the government of a foreign country denies or unreasonably delays accepting an alien who is a citizen1 subject1 national1 or resident of that country after the ,attorney ,general asks whether the government will accept the alien under this section1 the ,secretary of ,state shall order consular officers in that foreign country to discontinue granting immigrant visas or nonimmigrant visas1 or both1 to citizens1 subjects1 nationals1 and residents of that country until the ,attorney ,general notifies the ,secretary that the country has accepted the alien4 #cah4 ,bringing in and harboring certain aliens 7a7 ,criminal penalties 7#a7 7,a7 ,whoever-- 7i7 knowing that a person is an alien1 brings to or attempts to bring to the ,united ,states in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the ,commissioner1 regardless of whether such alien has received prior official authorization to come to1 enter1 or reside in the ,united ,states and regardless of any future official action which may be taken with respect to such alien2 7ii7 knowing or in reckless disregard of the fact that an alien has come to1 entered1 or remains in the ,united ,states in violation of law1 transports1 or moves or attempts to transport or move such alien within the ,united ,states by means of transportation or otherwise1 in furtherance of such violation of law2 7iii7 knowing or in reckless disregard of the fact that an alien has come to1 entered1 or remains in the ,united ,states in violation of law1 conceals1 harbors1 or shields from detection1 or attempts to conceal1 harbor1 or shield from detection1 such alien in any place1 including any building or any means of transportation2 7iv7 encourages or induces an alien to come to1 enter1 or reside in the ,united ,states1 knowing or in reckless disregard of the fact that such coming to1 entry1 or residence is or will be in violation of law2 or 7v7 engages in any conspiracy to commit any of the preceding acts2 shall be punished as provided in subparagraph 7,b74 7,b7 ,whoever violates subparagraph 7,a7 shall1 for each alien in respect to whom such a violation occurs-- 7i7 in the case of a violation of subparagraph 7,a77i7 or 7v77,i7 or in the case of a violation of subparagraph 7,a77ii71 7iii71 or 7iv7 in which the offense was done for the purpose of commercial advantage or private financial gain1 be imprisoned not more than #aj years2 7ii7 in the case of a violation of subparagraph 7,a7 7ii71 7iii71 7iv71 or 7v77,,ii7 be imprisoned not more than #e years2 7iii7 in the case of a violation of subparagraph 7,a7 7i71 7ii71 7iii71 7iv71 or 7v7 during and in relation to which the person causes serious bodily injury to1 or places in jeopardy the life of1 any person1 be imprisoned not more than #bj years2 and 7iv7 in the case of a violation of subparagraph 7,a7 7i71 7ii71 7iii71 7iv71 or 7v7 resulting in the death of any person1 be punished by death or imprisoned for any term of years or for life4 7,c7 ,it is not a violation of clause 7ii7 or 7iii7 of subparagraph 7,a71 or of clause 7iv7 of subparagraph 7,a7 except where a person encourages or induces an alien to come to or enter the ,united ,states1 for a religious denomination having a bona fide nonprofit1 religious organization in the ,united ,states1 or the agents or officers of such denomination or organization1 to encourage1 invite1 call1 allow1 or enable an alien who is present in the ,united ,states to perform the vocation of a minister or missionary for the denomination or organization in the ,united ,states as a volunteer who is not compensated as an employee1 notwithstanding the provision of room1 board1 travel1 medical assistance1 and other basic living expenses1 provided the minister or missionary has been a member of the denomination for at least one year4 7#b7 ,whoever1 knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to1 enter1 or reside in the ,united ,states1 brings to or attempts to bring to the ,united ,states in any manner whatsoever1 such alien1 regardless of any official action which may later be taken with respect to such alien shall1 for each alien in respect to whom a violation of this paragraph occurs-- 7,a7 be imprisoned not more than one year2 or 7,b7 in the case of-- 7i7 an offense committed with the intent or with reason to believe that the alien unlawfully brought into the ,united ,states will commit an offense against the ,united ,states or any ,state punishable by imprisonment for more than #a year1 7ii7 an offense done for the purpose of commercial advantage or private financial gain1 or 7iii7 an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry1 be imprisoned not less than #e nor more than #ae years4 7#c7 7,a7 ,whoever1 during any #ab-month period1 knowingly hires for employment at least #aj individuals with actual knowledge that the individuals are aliens described in subparagraph 7,b7 shall be imprisoned for not more than #e years4 7,b7 ,an alien described in this subparagraph is an alien who-- 7i7 is an unauthorized alien 7as defined in section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act71 and 7ii7 has been brought into the ,united ,states in violation of this subsection4 7#d7 ,in the case of a person who has brought aliens into the ,united ,states in violation of this subsection1 the sentence otherwise provided for may be increased by up to #aj years if-- 7,a7 the offense was part of an ongoing commercial organization or enterprise2 7,b7 aliens were transported in groups of #aj or more2 and 7,c7 7i7 aliens were transported in a manner that endangered their lives2 or 7ii7 the aliens presented a life-threatening health risk to people in the ,united ,states4 7b7 ,authority ,to arrest ,no officer or person shall have authority to make any arrest for a violation of any provision of this section except officers and employees of the ,service designated by the ,attorney ,general1 either individually or as a member of a class1 and all other officers whose duty it is to enforce criminal laws4 7c7 ,audiovisually preserved depositions ,notwithstanding any provision of the ,federal ,rules of ,evidence1 the videotaped 7or otherwise audiovisually preserved7 deposition of a witness to a violation of subsection 7a7 who has been deported or otherwise expelled from the ,united ,states1 or is otherwise unable to testify1 may be admitted into evidence in an action brought for that violation if the witness was available for cross examination and the deposition otherwise complies with the ,federal ,rules of ,evidence4 7d7 ,outreach program ,the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general and the ,secretary of ,state1 as appropriate1 shall develop and implement an outreach program to educate the public in the ,united ,states and abroad about the penalties for bringing in and harboring aliens in violation of this section4 #cai4 ,entry of alien at improper time or place2 misrepresentation and concealment of facts 7a7 ,entry ,any alien who-- 7#a7 enters or attempts to enter the ,united ,states at any time or place other than as designated by immigration officers2 7#b7 eludes examination or inspection by immigration officers2 or 7#c7 attempts to enter or obtains entry to the ,united ,states by a knowingly false or misleading representation or the knowingly concealment of a material fact2 shall1 for the first commission of any such offense1 be imprisoned not more than #f months1 and1 for a subsequent commission of any such offense1 be imprisoned not more than #b years4 7b7 ,apprehension while entering ,any alien who is apprehended while entering 7or attempting to enter7 the ,united ,states at a time or place other than as designated by immigration officers shall be subject to a civil penalty of-- 7#a7 at least #ej and not more than #bej for each such entry 7or attempted entry72 or 7#b7 twice the amount specified in paragraph 7#a7 in the case of an alien who has been previously subject to a civil penalty under this subsection4 ,civil penalties under this subsection are in addition to1 and not in lieu of1 any criminal or other civil penalties that may be imposed4 7c7 ,marriage ,an individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than #e years4 7d7 ,commercial enterprise ,whoever knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than #e years4 #cbj4 ,reentry of removed alien 7a7 ,offense ,subject to subsection 7b71 any alien who-- 7#a7 has been denied admission1 excluded1 deported1 or removed or has departed the ,united ,states while an order of exclusion1 deportation1 or removal is outstanding2 and 7#b7 thereafter enters1 attempts to enter1 or is at any time found in1 the ,united ,states1 unless 7,a7 prior to his reembarkation at a place outside the ,united ,states or his application for admission from foreign contiguous territory1 the ,attorney ,general has expressly consented to such alien's reapplying for admission2 or 7,b7 with respect to an alien previously denied admission and removed1 unless such alien shall establish that he was not required to obtain such advance consent under this or any prior ,act1 shall be imprisoned not more than #b years4 7b7 ,increased penalty ,in the case of any alien violating subsection 7a7-- 7#a7 whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs1 crimes against the person1 or both1 or a felony 7other than an aggravated felony71 such alien shall be imprisoned not more than #aj years2 7#b7 whose removal was subsequent to a conviction for commission of an aggravated felony1 such alien shall be imprisoned not more than #bj years2 7#c7 who has been excluded from the ,united ,states pursuant to section #bce7;c7 of the ,immigration and ,nationality ,act because the alien was excludable under section #bab7;a77#c77;,b7 of such ,act or who has been removed from the ,united ,states pursuant to title ,v of such ,act1 and who thereafter1 without the permission of the ,attorney ,general1 enters the ,united ,states1 or attempts to do so1 shall be imprisoned for a period of #aj years1 which sentence shall not run concurrently with any other sentence2 or 7#d7 who was removed from the ,united ,states pursuant to section #bda7;a77#d77;,b7 of such ,act who thereafter1 without the permission of the ,attorney ,general1 enters1 attempts to enter1 or is at any time found in1 the ,united ,states 7unless the ,attorney ,general has expressly consented to such alien's reentry7 shall be imprisoned for not more than #aj years4 ,for the purposes of this subsection1 the term removal includes any agreement in which an alien stipulates to removal during 7or not during7 a criminal trial under either ,federal or ,state law4 7c7 ,reentry ,any alien deported pursuant to section #bdb7;h77#b7 of the ,immigration and ,nationality ,act who enters1 attempts to enter1 or is at any time found in1 the ,united ,states 7unless the ,attorney ,general has expressly consented to such alien's reentry7 shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release4 ,such alien shall be subject to such other penalties relating to the reentry of deported aliens as may be available under this section or any other provision of law4 7d7 ,challenge of validity of order ,in a criminal proceeding under this section1 an alien may not challenge the validity of the deportation order described in subsection 7a77#a7 or subsection 7b7 unless the alien demonstrates that-- 7#a7 the alien exhausted any administrative remedies that may have been available to seek relief against the order2 7#b7 the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review2 and 7#c7 the entry of the order was fundamentally unfair4 #cba4 ,aiding or assisting certain aliens to enter the ,united ,states ,whoever knowingly aids or assists any alien inadmissible under section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7insofar as an alien inadmissible under such section has been convicted of an aggravated felony7 or section #bab7;a77#c7 of such ,act 7other than subparagraph 7,e7 thereof7 to enter the ,united ,states1 or who connives or conspires with any person or persons to allow1 procure1 or permit any such alien to enter the ,united ,states1 shall be or imprisoned not more than #aj years4 #cbb4 ,increased penalty for certain terrorism related offenses ,whoever violates this subchapter shall1 if the maximum imprisonment for the offense is less but for this section1 be imprisoned not more than #be years if the offense was committed to facilitate an act of international terrorism 7as defined in section #bhc71 and #bj years 7if the offense was committed to facilitate a drug trafficking crime 7as defined in section #eib74 #ag ,,drug ,,crimes #dja4 ,definitions for chapter4 #djb4 ,basic offenses4 #djc4 ,basic punishment structure4 #djd4 ,offenses involving protected persons4 #dje4 ,enhancement for offenses involving protected places4 #djf4 ,maintaining drug-involved premises4 #djg4 ,distribution in or near schools4 #djh4 ,listed chemicals4 #dji4 ,domestic regulatory offenses4 #daj4 ,additional domestic regulatory offenses4 #daa4 ,penalty for simple possession4 #dab4 ,civil penalty for possession of small amounts of certain controlled substances4 #dac4 ,continuing criminal enterprise4 #dad4 ,drug paraphernalia4 #dae4 ,proceedings to establish prior convictions4 #daf4 ,anhydrous ammonia4 #dag4 ,controlled substances import and export listed chemical offenses4 #dah4 ,prohibited ,acts related to foreign terrorist organizations or terrorist persons and groups4 #dai4 ,offenses involving the ,internet4 #dja4 ,definitions for chapter ,as used in this chapter-- 7#a7 a term defined for the purposes of the ,controlled ,substances ,act or the ,controlled ,substances ,import and ,export ,act has the same meaning in this chapter2 7#b7 the term large quantity of a major drug means-- 7,a7 #a kilogram or more of a mixture or substance containing a detectable amount of heroin2 7,b7 #e kilograms or more of a mixture or substance containing a detectable amount of-- 7i7 coca leaves1 except coca leaves and extracts of coca leaves from which cocaine1 ecgonine1 and derivatives of ecgonine or their salts have been removed2 7ii7 cocaine1 its salts1 optical and geometric isomers1 and salts of isomers2 7iii7 ecgonine1 its derivatives1 their salts1 isomers1 and salts of isomers2 or 7iv7 any compound1 mixture1 or preparation which contains any quantity of any of the substances referred to in clauses 7i7 through 7iii72 7,c7 #bhj grams or more of a mixture or substance described in subparagraph 7,b7 which contains cocaine base2 7,d7 #ajj grams or more of phencyclidine 7,,pcp7 or #a kilogram or more of a mixture or substance containing a detectable amount of phencyclidine 7,,pcp72 7,e7 #aj grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide 7,,lsd72 7,f7 #djj grams or more of a mixture or substance containing a detectable amount of ,n-phenyl-,n-#a-7b-phenylethyl7-#d-piper idinyl propanamide or #ajj grams or more of a mixture or substance containing a detectable amount of any analogue of ,n-phenyl-,n-#a-7b-phenylethyl7-#d-piper idinyl propanamide2 7,g7 #ajjj kilograms or more of a mixture or substance containing a detectable amount of marihuana1 or #a1jjj or more marihuana plants regardless of weight2 or 7,h7 #ej grams or more of methamphetamine1 its salts1 isomers1 and salts of its isomers or #ejj grams or more of a mixture or substance containing a detectable amount of methamphetamine1 its salts1 isomers1 or salts of its isomers2 7#c7 the term substantial quantity of a major drug means-- 7,a7 #ajj grams or more of a mixture or substance containing a detectable amount of heroin2 7,b7 #ejj grams or more of a mixture or substance containing a detectable amount of-- 7i7 coca leaves1 except coca leaves and extracts of coca leaves from which cocaine1 ecgonine1 and derivatives of ecgonine or their salts have been removed2 7ii7 cocaine1 its salts1 optical and geometric isomers1 and salts of isomers2 7iii7 ecgonine1 its derivatives1 their salts1 isomers1 and salts of isomers2 or 7iv7 any compound1 mixture1 or preparation which contains any quantity of any of the substances referred to in clauses 7i7 through 7iii72 7,c7 #bh grams or more of a mixture or substance described in subparagraph 7,b7 which contains cocaine base2 7,d7 #aj grams or more of phencyclidine 7,,pcp7 or #ajj grams or more of a mixture or substance containing a detectable amount of phencyclidine 7,,pcp72 7,e7 #a gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide 7,,lsd72 7,f7 #dj grams or more of a mixture or substance containing a detectable amount of ,n-phenyl-,n-#a-7b-phenylethyl7-#d-piper idinyl propanamide or #aj grams or more of a mixture or substance containing a detectable amount of any analogue of ,n-phenyl-,n-#a-7b-phenylethyl7-#d-piper idinyl propanamide2 7,g7 #ajj kilograms or more of a mixture or substance containing a detectable amount of marihuana1 or #ajj or more marihuana plants regardless of weight2 or 7,h7 #e grams or more of methamphetamine1 its salts1 isomers1 and salts of its isomers or #ej grams or more of a mixture or substance containing a detectable amount of methamphetamine1 its salts1 isomers1 or salts of its isomers2 7#d7 the term date rape drug means gamma hydroxybutyric acid 7including when scheduled as an approved drug product for purposes of section #c7;a77#a77;,b7 of the ,hillory ,j4 ,farias and ,samantha ,reid ,date-,rape ,drug ,prohibition ,act of #bjjj71 or #a gram of flunitrazepam2 7#e7 the term repeat offender means a person who is convicted under this chapter after a prior conviction for a felony drug offense2 7#f7 the term career offender means a person who is convicted under this chapter after two or more prior convictions for a felony drug offense2 7#g7 the term midlevel quantity of marijuana means less than #ej kilograms of marihuana1 except in the case of #ej or more marihuana plants regardless of weight2 and 7#h7 the term larger quantity of hashish means less than ten kilograms of hashish or one kilogram of hashish oil4 #djb4 ,basic offenses ,except as authorized by this chapter1 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import and ,export ,act1 whoever knowingly-- 7#a7 manufactures1 distributes1 or dispenses1 or possesses with intent to manufacture1 distribute1 or dispense1 a controlled substance2 7#b7 creates1 distributes1 or dispenses1 or possesses with intent to distribute or dispense1 a counterfeit substance2 7#c7 imports or exports a controlled substance in violation of section #ajjb1 #ajjc1 or #ajjg of the ,controlled ,substances ,import and ,export ,act2 7#d7 brings or possesses on board a vessel1 aircraft1 or vehicle a controlled substance in violation of section #ajje of that ,act2 or 7#e7 manufactures1 possesses with intent to distribute1 or distributes a controlled substance in violation of section #ajji of that ,act2 shall be punished as provided in this chapter4 #djc4 ,basic punishment structure 7a7 ,large quantities of major drugs 7#a7 ,prison ,if the violation of section #djb involves a large quantity of a major drug1 the offender shall be imprisoned not less than ten years1 or for life4 ,if the offender is a repeat offender or if death or serious bodily injury results to any person from the offense1 the term shall not be less than #bj years4 ,if the offender is a career offender1 the term shall be life4 7#b7 ,fine ,an offender to whom paragraph 7#a7 applies shall be fined not more than #aj1jjj1jjj1 and if the offender is a repeat offender1 not more than #bj1jjj1jjj4 7#c7 ,supervised release ,an offender to whom paragraph 7#a7 applies shall be sentenced to supervised release for a period of at least #e years1 but if the offender is a repeat offender1 for a period of #aj years4 7b7 ,substantial quantities of major drugs 7#a7 ,prison ,if the violation of section #djb involves a substantial quantity of a major drug1 the offender shall be imprisoned not less than five years nor more than #dj years1 but if death or serious bodily injury results to any person from the offense1 not less than #bj years1 or for life4 ,if the offender is a repeat offender1 the term shall not be less than #aj years1 or life1 but if death or serious bodily injury results to any person from the offense1 the term shall be life4 7#b7 ,fine ,an offender to whom paragraph 7#a7 applies shall be fined not more than #e1jjj1jjj if the offender is an individual or #be1jjj1jjj if the offender is an organization4 ,if the offender is a repeat offender1 the fine shall be not more than #h1jjj1jjj if the offender is an individual or #ej1jjj1jjj if the offender is an organization4 7#c7 ,supervised release ,an offender to whom paragraph 7#a7 applies shall be sentenced to supervised release for a period of at least #d years1 but if the offender is a repeat offender1 for a period of at least #h years4 7c7 ,lesser quantities of major drugs and any quantity of certain other substances 7#a7 ,prison ,if the violation of section #djb involves a controlled substance in schedule ,i or ,,ii1 in a lesser quantity than those described in section #dja7c7 if such substance is listed therein1 or a date rape drug1 the offender shall be imprisoned not more than #bj years1 but if death or serious bodily injury results to any person from the offense1 not less than #bj years1 or life4 ,if the offender is a repeat offender1 the term shall not be more than #cj years1 but if death or serious bodily injury results to any person from the offense1 the term shall not be less than #bj years1 or life4 7#b7 ,fine ,an offender to whom paragraph 7#a7 applies shall be fined not more than #a1jjj1jjj if the offender is an individual or #e1jjj1jjj if the offender is an organization4 ,if the offender is a repeat offender1 the fine shall be not more than #b1jjj1jjj if the offender is an individual or #aj1jjj1jjj if the offender is an organization4 7#c7 ,supervised release ,an offender to whom paragraph 7#a7 applies shall be sentenced to supervised release for a period of at least #c years1 but if the offender is a repeat offender1 for a period of at least #f years4 7d7 ,midlevel quantities of marijuana and larger quantities of hashish 7#a7 ,prison ,if the violation of section #djb involves a midlevel quantity of marijuana or a larger quantity of hashish1 the offender shall be imprisoned not more than five years1 or if a repeat offender1 not more than #aj years4 7#b7 ,fine ,an offender to whom paragraph 7#a7 applies shall be fined not more than #bej1jjj if the offender is an individual or #a1jjj1jjj if the offender is an organization4 ,if the offender is a repeat offender1 the fine shall be not more than #ejj1jjj if the offender is an individual or #b1jjj1jjj if the offender is an organization4 7#c7 ,supervised release ,an offender to whom paragraph 7#a7 applies shall be sentenced to supervised release for a period of at least #b years1 but if the offender is a repeat offender1 for a period of at least #d years4 7e7 ,schedule ,,iii substances 7#a7 ,prison ,if the violation of section #djb involves a schedule ,,iii substance for which a penalty is not imposed in a previous subsection1 the offender shall be imprisoned not more than #aj years1 but if death or serious bodily injury results to any person from the offense1 not more than #ae years4 ,if the offender is a repeat offender1 the term shall not be more than #bj years1 but if death or serious bodily injury results to any person from the offense1 the term shall not be more than #cj years4 7#b7 ,fine ,an offender to whom paragraph 7#a7 applies shall be fined not more than #ejj1jjj if the offender is an individual or #b1ejj1jjj if the offender is an organization4 ,if the offender is a repeat offender1 the fine shall be not more than #a1jjj1jjj if the offender is an individual or #e1jjj1jjj if the offender is an organization4 7#c7 ,supervised release ,an offender to whom paragraph 7#a7 applies shall be sentenced to supervised release for a period of at least #b years1 but if the offender is a repeat offender1 for a period of at least #d years4 7f7 ,schedule ,,iv substances 7#a7 ,prison ,if the violation of section #djb involves a schedule ,,iv substance1 the offender shall be imprisoned not more than #e years4 ,if the offender is a repeat offender1 the term shall be not more than #aj years4and sentenced to supervised release for at least one year4 ,if the offender is a repeat offender1 the offender shall be imprisoned not more than #aj years and sentenced to supervised release for at least two years4 7#b7 ,fine ,an offender to whom paragraph 7#a7 applies shall be fined not more than #bej1jjj if the offender is an individual or #a1jjj1jjj if the offender is an organization4 ,if the offender is a repeat offender1 the fine shall be not more than #ejj1jjj if the offender is an individual or #b1jjj1jjj if the offender is an organization4 7#c7 ,supervised release ,an offender to whom paragraph 7#a7 applies shall be sentenced to supervised release for a period of at least one year1 but if the offender is a repeat offender1 for a period of at least #b years4 7g7 ,schedule ,v substances 7#a7 ,prison ,if the violation of section #djb involves a schedule ,v substance1 the offender shall be imprisoned not more than one year4 ,if the offender is a repeat offender1 the term shall be not more than four years4 7#b7 ,fine ,an offender to whom paragraph 7#a7 applies shall be fined not more than #ajj1jjj if the offender is an individual or #bej1jjj if the offender is an organization4 ,if the offender is a repeat offender1 the fine shall be not more than #bjj1jjj if the offender is an individual or #ejj1jjj if the offender is an organization4 #djd4 ,offenses involving protected persons 7a7 ,distribution with intent ,to commit a crime of violence 7#a7 ,in general ,whoever1 with intent to commit a crime of violence 7including an offense that would also be punishable under section #bja if the conduct occurred in the special maritime and territorial jurisdiction of the ,united ,states7 against an individual1 violates section #djb by distributing a controlled substance or controlled substance analogue to that individual without that individual's knowledge1 shall be imprisoned not more than #bj years4 7#b7 ,definition ,as used in this subsection1 the term without that individual's knowledge means that the individual is unaware that a substance with the ability to alter that individual's ability to appraise conduct or to decline participation in or communicate unwillingness to participate in conduct is administered to the individual4 7b7 ,endangering human life while illegally manufacturing controlled substance ,whoever1 while manufacturing a controlled substance in violation of this chapter or the ,controlled ,substances ,act1 or attempting or conspiring to do so1 or transporting materials1 including chemicals1 to do so1 knowingly creates a risk of harm to human life shall be imprisoned not more than ten years4 7c7 ,distribution to minors 7#a7 ,first offenses ,except as provided in section #djg and in paragraph 7#b71 any person at least #ah years of age who violates section #djb by distributing a controlled substance to a person under #ba years of age is subject to 7,a7 twice the maximum punishment authorized by section #djc1 and 7,b7 at least twice any term of supervised release authorized by section #djc1 for a first offense involving the same controlled substance and schedule4 ,except to the extent a greater minimum sentence is otherwise provided by section #djc1 a term of imprisonment under this subsection shall be not less than one year4 ,the mandatory minimum sentencing provisions of this subsection do not apply to offenses involving #e grams or less of marihuana4 7#b7 ,second and subsequent offenses ,except as provided in section #djg1 if the offender under paragraph 7#a7 has a prior conviction under paragraph 7#a7 7or under section #cjc7;b77#b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act as in effect prior to the effective date of section #gja7;b7 of the ,controlled ,substances ,act7 is subject to 7,a7 three times the maximum punishment authorized by section #djc1 and 7,b7 at least three times any term of supervised release authorized by section #djc1 for a second offense or subsequent offense involving the same controlled substance and schedule4 ,except to the extent a greater minimum sentence is otherwise provided by section #djc1 a term of imprisonment under this subsection shall be not less than one year4 ,penalties for third and subsequent convictions shall those provided by section #djc7;a7 for offenses involving large quantities of major drugs under that section4 7d7 ,adults using minors ,whoever1 being at least #ba years of age1 knowingly-- 7#a7 employs1 hires1 uses1 persuades1 induces1 entices1 or coerces a minor to violate section #djb2 or 7#b7 employs1 hires1 uses1 persuades1 induces1 entices1 or coerces a minor to assist in avoiding detection or apprehension1 for any offense under section #djb1 by any ,federal1 ,state1 or local law enforcement official1 is punishable by a term of imprisonment1 a fine1 or both1 up to triple those authorized by section #djc4 7e7 ,young adults using minors 7#a7 ,whoever1 not being a minor1 knowingly-- 7,a7 employs1 hires1 uses1 persuades1 induces1 entices1 or coerces1 a minor to violate this chapter1 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import and ,export ,act2 7,b7 employs1 hires1 uses1 persuades1 induces1 entices1 or coerces1 a minor to assist in avoiding detection or apprehension1 for violation of this chapter1 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import and ,export ,act1 by any ,federal1 ,state1 or local law enforcement official2 or 7,c7 receives a controlled substance from a minor1 other than a family member1 in violation of this chapter1 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import and ,export ,act2 shall be imprisoned for up to twice the maximum term otherwise authorized and sentenced to at least twice any term of supervised release otherwise authorized for a first offense4 ,except to the extent a greater minimum sentence is otherwise provided1 a term of imprisonment under this subsection shall not be less than one year4 7#b7 ,whoever violates paragraph 7#a7 after a prior conviction under paragraph 7#a7 of this section1 shall be imprisoned for up to three times the maximum term otherwise authorized and sentenced to at least three times any term of supervised release otherwise authorized for a first offense4 ,except to the extent a greater minimum sentence is otherwise provided1 a term of imprisonment under this subsection shall not be less than one year4 ,penalties for third and subsequent convictions shall be those provided by section #djc7;a7 for offenses involving large quantities of major drugs under that section4 7f7 ,providing controlled substances to minor ,whoever violates subsection 7c7 or 7d7-- 7#a7 by knowingly providing or distributing a controlled substance or a controlled substance analogue to a minor2 or 7#b7 if the person employed1 hired1 or used is #ad years of age or younger2 shall be subject to a term of imprisonment for not more than five years1 in addition to any other punishment authorized by this chapter4 7g7 ,pregnant persons ,except as authorized by this chapter or the ,controlled ,substances ,act1 it shall be unlawful for any person to knowingly or intentionally provide or distribute any controlled substance to a pregnant individual in violation of any provision of this title4 ,whoever violates this subsection shall be subject to the same penalties as are provided for a violation of subsection 7c74 #dje4 ,enhancement for offenses involving protected places 7a7 ,cultivation on ,federal property ,the maximum fine that may be imposed for a violation of section #djb by cultivating a controlled substance on ,federal property shall be the greater of the amount otherwise provided in this chapter or-- 7#a7 #ejj1jjj if the defendant is an individual2 or 7#b7 #a1jjj1jjj if the defendant is an organization4 7b7 ,use of hazardous substance on ,federal land ,whoever1 in the course of a violation of section #djb1 knowingly uses a poison1 chemical1 or other hazardous substance on ,federal land1 and1 by such use-- 7#a7 creates a serious hazard to humans1 wildlife1 or domestic animals1 7#b7 degrades or harms the environment or natural resources1 or 7#c7 pollutes an aquifer1 spring1 stream1 river1 or body of water1 shall be imprisoned not more than five years4 7c7 ,boobytraps 7#a7 ,whoever knowingly assembles1 maintains1 or places a boobytrap on ,federal property where a controlled substance is being manufactured1 distributed1 or dispensed shall be imprisoned not more than ten years4 7#b7 ,if the offender has one or more prior convictions for an offense under this subsection1 the offender shall be imprisoned not more than #bj years4 7#c7 ,as used in this subsection1 the term boobytrap means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of any unsuspecting person making contact with the device4 ,such term includes guns1 ammunition1 or explosive devices attached to trip wires or other triggering mechanisms1 sharpened stakes1 and lines or wires with hooks attached4 7d7 ,safety rest areas 7#a7 ,enhancement ,whoever violates section #djb by distributing or possessing with intent to distribute a controlled substance in or on1 or within #a1jjj feet of1 a truck stop or safety rest area is subject to-- 7,a7 in the case of a first offense under this subsection subject to-- 7i7 twice the maximum punishment provided in section #djc2 and 7ii7 twice any term of supervised release authorized by section #djc for a first offense2 and 7,b7 in the case of an offense under this subsection after a prior conviction under this subsection-- 7i7 three times the maximum punishment authorized by section #djc2 and 7ii7 three times any term of supervised release authorized by section #djc for a first offense4 7#b7 ,definitions ,as used in this subsection-- 7,a7 the term safety rest area means a roadside facility with parking facilities for the rest or other needs of motorists2 and 7,b7 the term truck stop means a facility 7including any parking lot appurtenant thereto7 that-- 7i7 has the capacity to provide fuel or service1 or both1 to any commercial motor vehicle 7as defined in section #cacja of title #di71 operating in commerce 7as defined in that section72 and 7ii7 is located within #b1ejj feet of the ,national ,system of ,interstate and ,defense ,highways or the ,federal-,aid ,primary ,system4 #djf4 ,maintaining drug-involved premises 7a7 ,in general ,except as authorized by this chapter or the ,controlled ,substances ,act1 it shall be unlawful to-- 7#a7 knowingly open1 lease1 rent1 use1 or maintain any place1 whether permanently or temporarily1 for the purpose of manufacturing1 distributing1 or using any controlled substance2 or 7#b7 manage or control any place1 whether permanently or temporarily1 either as an owner1 lessee1 agent1 employee1 occupant1 or mortgagee1 and knowingly and intentionally rent1 lease1 profit from1 or make available for use1 with or without compensation1 the place for the purpose of unlawfully manufacturing1 storing1 distributing1 or using a controlled substance4 7b7 ,punishment ,whoever violates subsection 7a7 of this section shall be sentenced to a term of imprisonment of not more than #bj years or a fine of not more than #ejj1jjj1 or both1 or a fine of #b1jjj1jjj for an organization4 7c7 ,restitution ,a violation of subsection 7a7 shall be considered an offense against property for purposes of section #cffc;,a7c77#a77;,a77ii74 7d7 ,civil penalty 7#a7 ,whoever violates subsection 7a7 shall be subject to a civil penalty of not more than the greater of-- 7,a7 #bej1jjj2 or 7,b7 #b times the gross receipts1 either known or estimated1 that were derived from each violation that is attributable to the person4 7#b7 ,if a civil penalty is calculated under paragraph 7#a77;,b71 and there is more than #a defendant1 the court may apportion the penalty between multiple violators1 but each violator shall be jointly and severally liable for the civil penalty under this subsection4 #djg4 ,distribution in or near schools 7a7 ,in general ,whoever violates section #djb or #djf by distributing1 possessing with intent to distribute1 or manufacturing a controlled substance in or on1 or within one thousand feet of1 the real property comprising a public or private elementary1 vocational1 or secondary school or a public or private college1 junior college1 or university1 or a playground1 or housing facility owned by a public housing authority1 or within #ajj feet of a public or private youth center1 public swimming pool1 or video arcade facility1 is 7except as provided in subsection 7b77 subject to-- 7#a7 twice the maximum punishment authorized by section #djc2 and 7#b7 at least twice any term of supervised release authorized by section #djc for a first offense4 ,a fine up to twice that authorized by section #djc may be imposed in addition to any term of imprisonment authorized by this subsection4 ,except to the extent a greater minimum sentence is otherwise provided by section #djc1 a person shall be sentenced under this subsection to a term of imprisonment of not less than one year4 ,the mandatory minimum sentencing provisions of this paragraph do not apply to offenses involving #e grams or less of marihuana4 7b7 ,second or subsequent offenses ,whoever violates subsection 7a7 after a prior conviction under subsection 7a7 is subject to punishment-- 7#a7 by the greater of-- 7,a7 a term of imprisonment not less than three years and not more than life imprisonment2 or 7,b7 three times the maximum punishment authorized by section #djc for a first offense2 and 7#b7 at least three times any term of supervised release authorized by section #djc for a first offense4 ,a fine up to three times that authorized by section #djc may be imposed in addition to any term of imprisonment authorized by this subsection4 ,except to the extent a greater minimum sentence is otherwise provided by section #djc1 a person shall be sentenced under this subsection to a term of imprisonment of not less than three years4 ,penalties for third and subsequent convictions shall be governed by section #djc4 7c7 ,special rule for mandatory minimum sentences ,in the case of any mandatory minimum sentence imposed under subsection 7b71 imposition or execution of such sentence shall not be suspended and probation shall not be granted4 ,an individual convicted under this section shall not be eligible for parole until the individual has served the mandatory minimum term of imprisonment as provided by this section4 7d7 ,definitions ,as used in this section-- 7#a7 the term playground means any outdoor facility 7including any parking lot appurtenant thereto7 intended for recreation1 open to the public1 and with any portion thereof containing three or more separate apparatus intended for the recreation of children including1 but not limited to1 sliding boards1 swingsets1 and teeterboards2 7#b7 the term youth center means any recreational facility or gymnasium 7including any parking lot appurtenant thereto71 intended primarily for use by persons under #ah years of age1 which regularly provides athletic1 civic1 or cultural activities2 7#c7 the term video arcade facility means any facility1 legally accessible to minors1 intended primarily for the use of pinball and video machines for amusement containing a minimum of ten machines that are either pinball or video machines2 and 7#d7 the term swimming pool includes any parking lot appurtenant thereto4 #djh4 ,listed chemicals 7a7 ,offense ,whoever knowingly-- 7#a7 possesses a listed chemical with intent to manufacture a controlled substance except as authorized by this chapter or the ,controlled ,substances ,act2 7#b7 possesses or distributes1 a listed chemical knowing1 or having reasonable cause to believe1 that the listed chemical will be used to manufacture a controlled substance except as authorized by this chapter or the ,controlled ,substances ,act2 or 7#c7 with the intent of causing the evasion of the recordkeeping or reporting requirements of section #caj of the ,controlled ,substances ,act1 or the regulations issued under that section1 receives or distributes a reportable amount of any listed chemical in units small enough so that the making of records or filing of reports under that section is not required2 shall be imprisoned not more than #bj years in the case of a violation of paragraph 7#a7 or 7#b7 involving a list ,i chemical or not more than #aj years in any other case4 7b7 ,injunctions ,in addition to any other applicable penalty1 any person convicted of a felony violation of this section relating to the receipt1 distribution1 manufacture1 exportation1 or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years4 7c7 ,additional offenses 7#a7 ,whoever knowingly distributes a listed chemical in violation of this chapter or the ,controlled ,substances ,act 7other than in violation of a recordkeeping or reporting requirement of section #caj of such ,act7 shall be imprisoned not more than #e years4 7#b7 ,whoever knowingly possesses any listed chemical1 with knowledge that the recordkeeping or reporting requirements of section #caj of such ,act have not been adhered to1 if1 after such knowledge is acquired1 such person does not take immediate steps to remedy the violation shall be imprisoned not more than one year4 #dji4 ,domestic regulatory offenses 7a7 ,unlawful conduct generally ,it shall be unlawful for any person-- 7#a7 who is subject to the requirements of part ,c of the ,controlled ,substances ,act to distribute or dispense a controlled substance in violation of section #cji of that ,act2 7#b7 who is a registrant to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person or to manufacture a controlled substance not authorized by his registration2 7#c7 who is a registrant to distribute a controlled substance in violation of section #cje of the ,controlled ,substances ,act2 7#d7 to remove1 alter1 or obliterate a symbol or label required by section #cje of the ,controlled ,substances ,act2 7#e7 to refuse or negligently fail to make1 keep1 or furnish any record1 report1 notification1 declaration1 order or order form1 statement1 invoice1 or information required under the ,controlled ,substances ,act or the ,controlled ,substances ,import and ,export ,act2 7#f7 to refuse any entry into any premises or inspection authorized by the ,controlled ,substances ,act or the ,controlled ,substances ,import and ,export ,act2 7#g7 to remove1 break1 injure1 or deface a seal placed upon controlled substances pursuant to section #cjd7;f7 or #eaa of the ,controlled ,substances ,act or to remove or dispose of substances so placed under seal2 7#h7 to use1 to his own advantage1 or to reveal1 other than to duly authorized officers or employees of the ,united ,states1 or to the courts when relevant in any judicial proceeding under this title or title ,,iii1 any information acquired in the course of an inspection authorized by the ,controlled ,substances ,act concerning any method or process which as a trade secret is entitled to protection1 or to use to his own advantage or reveal 7other than as authorized by section #caj of that ,act7 any information that is confidential under such section2 7#i7 who is a regulated person to engage in a regulated transaction without obtaining the identification required by #caj7;a77#c7 of the ,controlled ,substances ,act2 7#aj7 negligently to fail to keep a record1 make a report1 or self-certify as required under section #caj of the ,controlled ,substances ,act2 7#aa7 to distribute a laboratory supply to a person who uses1 or attempts to use1 that laboratory supply to manufacture a controlled substance or a listed chemical1 in violation of this chapter1 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import and ,export ,act1 with reckless disregard for the illegal uses to which such a laboratory supply will be put2 7#ab7 who is a regulated seller1 or a distributor required to submit reports under subsection 7b77#c7 of section #caj of the ,controlled ,substances ,act-- 7,a7 to sell at retail a scheduled listed chemical product in violation of paragraph 7#a7 of subsection 7d7 of such section1 knowing at the time of the transaction involved 7independent of consulting the logbook under subsection 7e77#a77;,a77iii7 of such section7 that the transaction is a violation2 or 7,b7 to knowingly or recklessly sell at retail such a product in violation of paragraph 7#b7 of such subsection 7d72 7#ac7 who is a regulated seller to knowingly or recklessly sell at retail a scheduled listed chemical product in violation of subsection 7e7 of section #caj of the ,controlled ,substances ,act2 7#ad7 who is a regulated seller or an employee or agent of such seller to disclose1 in violation of regulations under subparagraph 7,c7 of section #caj7;e77#a7 of the ,controlled ,substances ,act1 information in logbooks under subparagraph 7,a77iii7 of such section1 or to refuse to provide such a logbook to ,federal1 ,state1 or local law enforcement authorities2 or 7#ae7 to distribute a scheduled listed chemical product to a regulated seller1 or to a regulated person referred to in section #caj7;b77#c77;,b7 of the ,controlled ,substances ,act1 unless such regulated seller or regulated person is1 at the time of such distribution1 currently registered with the ,drug ,enforcement ,administration1 or on the list of persons referred to under section #caj7;e77#a77;,b77v7 of that ,act4 ,for purposes of paragraph 7#ae71 if the distributor is temporarily unable to access the list of persons referred to under section #caj7;e77#a77;,b77v7 of the ,controlled ,substances ,act1 the distributor may rely on a written1 faxed1 or electronic copy of a certificate of self-certification submitted by the regulated seller or regulated person1 provided the distributor confirms within #g business days of the distribution that such regulated seller or regulated person is on the list referred to under section #caj7;e77#a77;,b77v7 of that ,act4 7b7 ,definition ,as used in paragraph 7#aa7 of subsection 7a71 the term laboratory supply means a listed chemical or any chemical1 substance1 or item on a special surveillance list published by the ,attorney ,general1 which contains chemicals1 products1 materials1 or equipment used in the manufacture of controlled substances and listed chemicals4 ,for purposes of that paragraph1 there is a rebuttable presumption of reckless disregard at trial if the ,attorney ,general notifies a firm in writing that a laboratory supply sold by the firm1 or any other person or firm1 has been used by a customer of the notified firm1 or distributed further by that customer1 for the unlawful production of controlled substances or listed chemicals a firm distributes and #b weeks or more after the notification the notified firm distributes a laboratory supply to the customer4 7c7 ,schedule ,i and ,,ii substances ,it shall be unlawful for any person who is a registrant to manufacture a controlled substance in schedule ,i or ,,ii which is-- 7#a7 not expressly authorized by the registration and by a quota assigned to that registrant pursuant to section #cjf of the ,controlled ,substances ,act2 or 7#b7 in excess of a quota assigned to that registrant pursuant to section #cjf4 7d7 ,civil penalty 7#a7 7,a7 ,except as provided in subparagraph 7,b7 of this paragraph and paragraph 7#b71 whoever violates this section shall1 with respect to any such violation1 be subject to a civil penalty of not more than #be1jjj4 7,b7 ,in the case of a violation of paragraph 7#e7 or 7#aj7 of subsection 7a71 the civil penalty shall not exceed #aj1jjj4 7#b7 7,a7 ,whoever knowingly violates this section shall1 except as otherwise provided in subparagraph 7,b71 be imprisoned not more than one year4 7,b7 ,if a violation referred to in subparagraph 7,a7 was committed after one or more prior convictions of the offender for an offense punishable under this paragraph 7#b71 or for a crime under any other provision of any law of the ,united ,states relating to controlled substances1 narcotic drugs1 marihuana1 or depressant or stimulant substances1 have become final1 such person shall be sentenced to a term of imprisonment of not more than #b years4 7,c7 ,in addition to the penalties set forth elsewhere in this title1 any business that violates paragraph 7#aa7 of subsection 7a7 shall1 with respect to the first such violation1 be subject to a civil penalty of not more than #bej1jjj1 but shall not be subject to criminal penalties under this section1 and shall1 for any succeeding violation1 be subject to a civil fine of not more than #bej1jjj or double the last previously imposed penalty1 whichever is greater4 7#c7 ,except under the conditions specified in paragraph 7#b7 of this subsection1 a violation of this section does not constitute a crime1 and a judgment for the ,united ,states and imposition of a civil penalty pursuant to paragraph 7#a7 shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense4 #daj4 ,additional domestic regulatory offenses 7a7 ,generally ,it shall be unlawful for any person knowingly-- 7#a7 as a registrant to distribute a controlled substance classified in schedule ,i or ,,ii1 in the course of legitimate business1 except pursuant to an order or an order form as required by section #cjh of the ,controlled ,substances ,act2 7#b7 to use in the course of the manufacture1 distribution1 or dispensing of a controlled substance1 or to use for the purpose of acquiring or obtaining a controlled substance1 a registration number which is fictitious1 revoked1 suspended1 expired1 or issued to another person2 7#c7 to acquire or obtain possession of a controlled substance by misrepresentation1 fraud1 forgery1 deception1 or subterfuge2 7#d7 7,a7 to furnish false or fraudulent material information in1 or omit any material information from1 any application1 report1 record1 or other document required to be made1 kept1 or filed under this chapter1 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import and ,export ,act2 or 7,b7 to present false or fraudulent identification where the person is receiving or purchasing a listed chemical and the person is required to present identification under section #caj7;a7 of the ,controlled ,substances ,act2 7#e7 to make1 distribute1 or possess any punch1 die1 plate1 stone1 or other thing designed to print1 imprint1 or reproduce the trademark1 trade name1 or other identifying mark1 imprint1 or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit substance2 7#f7 to possess any three-neck round-bottom flask1 tableting machine1 encapsulating machine1 or gelatin capsule1 or any equipment1 chemical1 product1 or material which may be used to manufacture a controlled substance or listed chemical1 knowing1 intending1 or having reasonable cause to believe1 that it will be used to manufacture a controlled substance or listed chemical in violation of this chapter1 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import and ,export ,act2 7#g7 to manufacture1 distribute1 export1 or import any three-neck round-bottom flask1 tableting machine1 encapsulating machine1 or gelatin capsule1 or any equipment1 chemical1 product1 or material which may be used to manufacture a controlled substance or listed chemical1 knowing1 intending1 or having reasonable cause to believe1 that it will be used to manufacture a controlled substance or listed chemical in violation of this chapter1 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import and ,export ,act1 or1 in the case of an exportation1 in violation of this chapter1 the ,controlled ,substances ,act1 the ,controlled ,substances ,import and ,export ,act1 or of the laws of the country to which it is exported2 7#h7 to create a chemical mixture for the purpose of evading a requirement of section #caj of the ,controlled ,substances ,act or to receive a chemical mixture created for that purpose2 or 7#i7 to distribute1 import1 or export a list ,i chemical without the registration required by the ,controlled ,substances ,act or the ,controlled ,substances ,import and ,export ,act4 7b7 ,use of communication facility 7#a7 ,it shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any felony under this chapter1 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import and ,export ,act4 7#b7 ,each separate use of a communication facility shall be a separate offense under this subsection4 7#c7 ,as used in this subsection1 the term communication facility means any and all public and private instrumentalities used or useful in the transmission of writing1 signs1 signals1 pictures1 or sounds of all kinds and includes mail1 telephone1 wire1 radio1 and all other means of communication4 7c7 ,advertising 7#a7 ,it shall be unlawful for any person to place in any newspaper1 magazine1 handbill1 or other publications1 any written advertisement knowing that it has the purpose of seeking or offering illegally to receive1 buy1 or distribute a schedule ,i controlled substance4 7#b7 ,as used in this subsection the term advertisement includes such advertisements as those for a catalog of schedule ,i controlled substances and any similar written advertisement that has the purpose of seeking or offering illegally to receive1 buy1 or distribute a schedule ,i controlled substance4 ,the term advertisement does not include material which merely advocates the use of a similar material1 which advocates a position or practice1 and does not attempt to propose or facilitate an actual transaction in a schedule ,i controlled substance4 7d7 ,penalties 7#a7 ,except as provided in paragraph 7#b71 whoever knowingly violates this section shall be imprisoned not more than #d years2 except that if any person commits such a violation after being convicted for a felony under any law of the ,united ,states relating to controlled substances1 narcotic drugs1 marihuana1 or depressant or stimulant substances1 such person shall be sentenced to a term of imprisonment of not more than #h years4 7#b7 ,whoever1 with the intent to manufacture or to facilitate the manufacture of methamphetamine1 violates paragraph 7#f7 or 7#g7 of subsection 7a71 shall be imprisoned not more than #aj years2 except that if any person commits such a violation after one or more prior convictions of that persons for a violation of any law of the ,united ,states or any ,state relating to controlled substances or listed chemicals1 such person shall be imprisoned not more than #bj years4 7e7 ,injunction relating to engaging in transactions ,in addition to any other applicable penalty1 any person convicted of a felony violation of this section relating to the receipt1 distribution1 manufacture1 exportation1 or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years4 7f7 ,declaratory and other relief 7#a7 ,in addition to any penalty provided in this section1 the ,attorney ,general is authorized to commence a civil action for appropriate declaratory or injunctive relief relating to a violation of this section1 section #djf1 or section #dji4 7#b7 ,any action under this subsection may be brought in the district court of the ,united ,states for the district in which the defendant is located or resides or is doing business4 7#c7 ,any order or judgment issued by the court pursuant to this subsection shall be tailored to restrain the violation4 7#d7 ,the court shall proceed as soon as practicable to the hearing and determination of such an action4 ,an action under this subsection is governed by the ,federal ,rules of ,civil ,procedure except that1 if an indictment has been returned against the respondent1 discovery is governed by the ,federal ,rules of ,criminal ,procedure4 #daa4 ,penalty for simple possession 7a7 ,elements of offense ,it shall be unlawful for any person knowingly-- 7#a7 to possess a controlled substance unless such substance was obtained directly1 or pursuant to a valid prescription or order1 from a practitioner acting in the course of professional practice1 or except as otherwise authorized by this chapter1 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import and ,export ,act2 or 7#b7 to possess any list ,i chemical obtained pursuant to or under authority of a registration issued to that person under section #cjc of the ,controlled ,substances ,act or section #ajjh of the ,controlled ,substances ,import and ,export ,act1 if that registration has been revoked or suspended1 if that registration has expired1 or if the registrant has ceased to do business in the manner contemplated by his registration4 7b7 ,punishment 7#a7 ,generally ,whoever violates subsection 7a7 shall be imprisoned not more than #a year1 except that if the offense is after a prior conviction of the offender under this chapter1 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import and ,export ,act1 or for any drug1 narcotic1 or chemical offense chargeable under the law of any ,state1 the offender shall be imprisoned not less than #ae days nor more than #b years and if the offense is after two or more such convictions1 the offender shall be sentenced to a term of imprisonment for not less than #ij days but not more than #c years4 7#b7 ,flunitrazepam ,notwithstanding any penalty provided in this subsection1 any person convicted under this subsection for the possession of flunitrazepam shall be imprisoned for not more than #c years4 ,the imposition or execution of a minimum sentence required to be imposed under this subsection shall not be suspended or deferred4 7#c7 ,costs ,further1 upon conviction1 a person who violates this subsection shall be fined the reasonable costs of the investigation and prosecution of the offense1 including the costs of prosecution of an offense as defined in sections #aiah and #aibj of title #bh1 except that this sentence does not apply and a fine under this section need not be imposed if the court determines the defendant lacks the ability to pay4 7c7 ,definition ,as used in this section1 the term drug1 narcotic1 or chemical offense means any offense which proscribes the possession1 distribution1 manufacture1 cultivation1 sale1 transfer1 or the attempt or conspiracy to possess1 distribute1 manufacture1 cultivate1 sell or transfer any substance the possession of which is prohibited under this chapter or the ,controlled ,substances ,act4 #dab4 ,civil penalty for possession of small amounts of certain controlled substances 7a7 ,in general ,an individual who knowingly possesses a controlled substance listed in section #dja7b7 in violation of section #daa in an amount that1 as specified by regulation of the ,attorney ,general1 is a personal use amount shall be liable to the ,united ,states for a civil penalty in an amount not to exceed #aj1jjj4 7b7 ,income and net assets ,the income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally4 ,however1 in determining the amount of a penalty under this section1 the income and net assets of an individual shall be considered4 7c7 ,prior conviction ,a civil penalty may not be assessed under this section if the individual previously was convicted of a ,federal or ,state offense relating to a controlled substance4 7d7 ,limitation on number of assessments ,a civil penalty may not be assessed on an individual under this section on more than two separate occasions4 7e7 ,assessment ,a civil penalty under this section may be assessed by the ,attorney ,general only by an order made on the record after opportunity for a hearing in accordance with section #eed of title #e4 ,the ,attorney ,general shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order4 ,the hearing may be held only if the individual makes a request for the hearing before the expiration of the #cj-;day period beginning on the date such notice is issued4 7f7 ,compromise ,the ,attorney ,general may compromise1 modify1 or remit1 with or without conditions1 any civil penalty imposed under this section4 7g7 ,judicial review ,if the ,attorney ,general issues an order pursuant to subsection 7e7 after a hearing described in such subsection1 the individual who is the subject of the order may1 before the expiration of the #cj-;day period beginning on the date the order is issued1 bring a civil action in the appropriate district court of the ,united ,states4 ,in such action1 the law and the facts of the violation and the assessment of the civil penalty shall be determined de novo1 and shall include the right of a trial by jury1 the right to counsel1 and the right to confront witnesses4 ,the facts of the violation shall be proved beyond a reasonable doubt4 7h7 ,civil action ,if an individual does not request a hearing pursuant to subsection 7e7 and the ,attorney ,general issues an order pursuant to such subsection1 or if an individual does not under subsection 7g7 seek judicial review of such an order1 the ,attorney ,general may commence a civil action in any appropriate district court of the ,united ,states for the purpose of recovering the amount assessed and an amount representing interest at a rate computed in accordance with section #aifa of title #bh4 ,such interest shall accrue from the expiration of the #cj-;day period described in subsection 7g74 ,in such an action1 the decision of the ,attorney ,general to issue the order1 and the amount of the penalty assessed by the ,attorney ,general1 shall not be subject to review4 7i7 ,limitation ,the ,attorney ,general may not under this section commence proceeding against an individual after the expiration of the #e-year period beginning on the date on which the individual allegedly violated subsection 7a74 7j7 ,expungement procedures ,the ,attorney ,general shall dismiss the proceedings under this section against an individual upon application of such individual at any time after the expiration of #c years if-- 7#a7 the individual has not previously been assessed a civil penalty under this section2 7#b7 the individual has paid the assessment2 7#c7 the individual has complied with any conditions imposed by the ,attorney ,general2 7#d7 the individual has not been convicted of a ,federal or ,state offense relating to a controlled substance2 and 7#e7 the individual agrees to submit to a drug test1 and such test shows the individual to be drug free4 ,a nonpublic record of a disposition under this subsection shall be retained by the ,department of ,justice solely for the purpose of determining in any subsequent proceeding whether the person qualified for a civil penalty or expungement under this section4 ,if a record is expunged under this subsection1 an individual concerning whom such an expungement has been made shall not be held thereafter under any provision of law to be guilty of perjury1 false swearing1 or making a false statement by reason of his failure to recite or acknowledge a proceeding under this section or the results thereof in response to an inquiry made of him for any purpose4 #dac4 ,continuing criminal enterprise 7a7 ,engaging in enterprise 7#a7 ,whoever engages in a continuing criminal enterprise shall be imprisoned for any term of years not less than #bj1 or for life4 7#b7 ,if a person engages in such activity after a prior conviction of that person under this section1 the offender shall be imprisoned any term of years not less than #cj1 or for life4 7b7 ,aggravated offense ,whoever engages in a continuing criminal enterprise shall be imprisoned for life under subsection 7a71 if-- 7#a7 such person is the principal administrator1 organizer1 or leader of the enterprise or is one of several such principal administrators1 organizers1 or leaders2 and 7#b7 7,a7 the violation referred to in subsection 7c77#a7 involved at least #cjj times the quantity of a substance described in section #dja7c72 or 7,b7 the enterprise1 or any other enterprise in which the defendant was the principal or one of several principal administrators1 organizers1 or leaders1 received #aj million dollars in gross receipts during any twelve-month period of its existence for the manufacture1 importation1 or distribution of a substance described in section #dja7c74 7c7 ,definition of continuing criminal enterprise ,for purposes of this section1 a continuing criminal enterprise occurs when-- 7#a7 a person violates any provision of this chapter the punishment for which is a felony1 and 7#b7 such violation is a part of a continuing series of violations of this chapter-- 7,a7 which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer1 a supervisory position1 or any other position of management1 and 7,b7 from which such person obtains substantial income or resources4 7d7 ,special rule for sentencing ,in the case of any sentence imposed under this section1 imposition or execution of such sentence shall not be suspended1 probation shall not be granted1 and the ,act of ,july #ae1 #aicb 7,d4,c4 ,code1 secs4 #bd-bjc--bd-bjg71 does not apply4 7e7 ,death penalty 7#a7 ,in addition to the other penalties set forth in this section1 whoever-- 7,a7 while engaging in or working in furtherance of a continuing criminal enterprise1 or engaging in an offense punishable under section #djc7;a7 intentionally kills or counsels1 commands1 induces1 procures1 or causes the intentional killing of an individual and such killing results2 and 7,b7 during the commission of1 in furtherance of1 or while attempting to avoid apprehension1 prosecution or service of a prison sentence for1 a felony violation of this chapter intentionally kills or counsels1 commands1 induces1 procures1 or causes the intentional killing of any ,federal1 ,state1 or local law enforcement officer engaged in1 or on account of1 the performance of such officer's official duties and such killing results2 shall be imprisoned any term of year not less than #bj1 or for life1 or may be sentenced to death4 7#b7 ,as used in paragraph 7#a77;,b71 the term law enforcement officer means a public servant authorized by law to conduct or engage in the prevention1 investigation1 prosecution or adjudication of an offense1 and includes those engaged in corrections1 probation1 or parole functions4 #dad4 ,drug paraphernalia 7a7 ,offense ,whoever-- 7#a7 sells or offers for sale drug paraphernalia2 7#b7 uses a facility of interstate or foreign commerce to transport drug paraphernalia2 or 7#c7 imports or exports drug paraphernalia2 shall be imprisoned not more than three years4 7b7 ,definition ,the term drug paraphernalia means any equipment1 product1 or material of any kind which is primarily intended or designed for use in manufacturing1 compounding1 converting1 concealing1 producing1 processing1 preparing1 injecting1 ingesting1 inhaling1 or otherwise introducing into the human body a controlled substance1 possession of which is unlawful under this chapter or the ,controlled ,substances ,act4 ,it includes items primarily intended or designed for use in ingesting1 inhaling1 or otherwise introducing marijuana1 cocaine1 hashish1 hashish oil1 ,,pcp1 methamphetamine1 or amphetamines into the human body1 such as-- 7#a7 metal1 wooden1 acrylic1 glass1 stone1 plastic1 or ceramic pipes with or without screens1 permanent screens1 hashish heads1 or punctured metal bowls2 7#b7 water pipes2 7#c7 carburetion tubes and devices2 7#d7 smoking and carburetion masks2 7#e7 roach clips3 meaning objects used to hold burning material1 such as a marihuana cigarette1 that has become too small or too short to be held in the hand2 7#f7 miniature spoons with level capacities of one-tenth cubic centimeter or less2 7#g7 chamber pipes2 7#h7 carburetor pipes2 7#i7 electric pipes2 7#aj7 air-driven pipes2 7#aa7 chillums2 7#ab7 bongs2 7#ac7 ice pipes or chillers2 7#ad7 wired cigarette papers2 or 7#ae7 cocaine freebase kits4 7c7 ,factors which may be considered ,in determining whether an item constitutes drug paraphernalia1 in addition to all other logically relevant factors1 the following may be considered3 7#a7 ,instructions1 oral or written1 provided with the item concerning its use4 7#b7 ,descriptive materials accompanying the item which explain or depict its use4 7#c7 ,national and local advertising concerning its use4 7#d7 ,the manner in which the item is displayed for sale4 7#e7 ,whether the owner1 or anyone in control of the item1 is a legitimate supplier of like or related items to the community1 such as a licensed distributor or dealer of tobacco products4 7#f7 ,direct or circumstantial evidence of the radio of sales of the item to the total sales of the business enterprise4 7#g7 ,the existence and scope of legitimate uses of the item in the community4 7#h7 ,expert testimony concerning its use4 7d7 ,exclusions ,this section does not apply to-- 7#a7 any person authorized by local1 ,state1 or ,federal law to manufacture1 possess1 or distribute such items2 or 7#b7 any item that1 in the normal lawful course of business1 is imported1 exported1 transported1 or sold through the mail or by any other means1 and traditionally intended for use with tobacco products1 including any pipe1 paper1 or accessory4 #dae4 ,proceedings to establish prior convictions 7a7 ,filing of information 7#a7 ,no person who is convicted of an offense under this chapter shall be sentenced to increased punishment by reason of one or more prior convictions1 unless before trial1 or before entry of a plea of guilty1 the ,united ,states attorney files an information with the court 7and serves a copy of such information on the person or counsel for the person7 stating in writing the previous convictions to be relied upon4 ,upon a showing by the ,united ,states attorney that facts regarding prior convictions could not with due diligence be obtained prior to trial or before entry of a plea of guilty1 the court may postpone the trial or the taking of the plea of guilty for a reasonable period for the purpose of obtaining such facts4 ,clerical mistakes in the information may be amended at any time prior to the pronouncement of sentence4 7#b7 ,an information may not be filed under this section if the increased punishment which may be imposed is imprisonment for a term in excess of three years unless the person either waived or was afforded prosecution by indictment for the offense for which such increased punishment may be imposed4 7b7 ,affirmation or denial of previous conviction ,if the ,united ,states attorney files an information under this section1 the court shall after conviction but before pronouncement of sentence inquire of the person with respect to whom the information was filed whether he affirms or denies that he has been previously convicted as alleged in the information1 and shall inform him that any challenge to a prior conviction which is not made before sentence is imposed may not thereafter be raised to attack the sentence4 7c7 ,denial1 written response1 and hearing 7#a7 ,if the person denies any allegation of the information of prior conviction1 or claims that any conviction alleged is invalid1 he shall file a written response to the information4 ,a copy of the response shall be served upon the ,united ,states attorney4 ,the court shall hold a hearing to determine any issues raised by the response which would except the person from increased punishment4 ,the failure of the ,united ,states attorney to include in the information the complete criminal record of the person or any facts in addition to the convictions to be relied upon shall not constitute grounds for invalidating the notice given in the information required by subsection 7a77#a74 ,the hearing shall be before the court without a jury and either party may introduce evidence4 ,except as otherwise provided in paragraph 7#b7 of this subsection1 the ,united ,states attorney shall have the burden of proof beyond a reasonable doubt on any issue of fact4 ,at the request of either party1 the court shall enter findings of fact and conclusions of law4 7#b7 ,a person claiming that a conviction alleged in the information was obtained in violation of the ,constitution of the ,united ,states shall set forth his claim1 and the factual basis therefor1 with particularity in his response to the information4 ,the person shall have the burden of proof by a preponderance of the evidence on any issue of fact raised by the response4 ,any challenge to a prior conviction1 not raised by response to the information before an increased sentence is imposed in reliance thereon1 shall be waived unless good cause be shown for failure to make a timely challenge4 7d7 ,imposition of sentence 7#a7 ,if the person files no response to the information1 or if the court determines1 after hearing1 that the person is subject to increased punishment by reason of prior convictions1 the court shall proceed to impose sentence upon him as provided by this part4 7#b7 ,if the court determines that the person has not been convicted as alleged in the information1 that a conviction alleged in the information is invalid1 or that the person is otherwise not subject to an increased sentence as a matter of law1 the court shall1 at the request of the ,united ,states attorney1 postpone sentence to allow an appeal from that determination4 ,if no such request is made1 the court shall impose sentence as provided by this part4 ,the person may appeal from an order postponing sentence as if sentence had been pronounced and a final judgment of conviction entered4 7e7 ,challenges of validity of prior convictions ,no person who is convicted of an offense under this chapter may challenge the validity of any prior conviction alleged under this section which occurred more than five years before the date of the information alleging such prior conviction4 #daf4 ,anhydrous ammonia 7a7 ,in general ,it is unlawful for any person-- 7#a7 to steal anhydrous ammonia1 or 7#b7 to transport stolen anhydrous ammonia across ,state lines1 knowing1 intending1 or having reasonable cause to believe that such anhydrous ammonia will be used to manufacture a controlled substance in violation of this part4 7b7 ,punishment ,whoever violates subsection 7a7 shall be imprisoned in accordance with section #daj7;d7 as if such violation were a violation of a provision of section #daj4 #dag4 ,controlled substances import and export listed chemical offenses ,whoever knowingly-- 7#a7 imports or exports a listed chemical with intent to manufacture a controlled substance in violation of this chapter1 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import and ,export ,act2 7#b7 exports a listed chemical in violation of the laws of the country to which the chemical is exported or serves as a broker or trader for an international transaction involving a listed chemical1 if the transaction is in violation of the laws of the country to which the chemical is exported2 7#c7 imports or exports a listed chemical knowing1 or having reasonable cause to believe1 that the chemical will be used to manufacture a controlled substance in violation of this chapter1 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import or ,export ,act2 7#d7 exports a listed chemical1 or serves as a broker or trader for an international transaction involving a listed chemical1 knowing1 or having reasonable cause to believe1 that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported2 7#e7 imports or exports a listed chemical1 with the intent to evade the reporting or recordkeeping requirements of section #ajah applicable to such importation or exportation by falsely representing to the ,attorney ,general that the importation or exportation qualifies for a waiver of the #ae-;day notification requirement granted pursuant to section #ajah7;e7 7#b7 or 7#c7 of the ,controlled ,substances ,import and ,export ,act by misrepresenting the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported2 7#f7 imports or exports a listed chemical in violation of section #ajjg or #ajah of the ,controlled ,substances ,import and ,export ,act2 or 7#g7 manufactures1 possesses with intent to distribute1 or distributes a listed chemical in violation of section #ajji of the ,controlled ,substances ,import and ,export ,act2 shall be imprisoned not more than #bj years in the case of a violation of paragraph 7#a7 or 7#c7 involving a list ,i chemical or not more than #aj years in the case of a violation of this subsection other than a violation of paragraph 7#a7 or 7#c7 involving a list ,i chemical1 or both4 #dah4 ,prohibited ,acts related to foreign terrorist organizations or terrorist persons and groups 7a7 ,offense ,whoever1 as made applicable in subsection 7b71 engages in conduct that would be punishable under section #djb7a7 or #djb7b7 if committed within the jurisdiction of the ,united ,states1 knowing or intending to provide1 directly or indirectly1 anything of pecuniary value to any person or organization that has engaged or engages in terrorist activity 7as defined in section #bab7;a77#c77;,b7 of the ,immigration and ,nationality ,act7 or terrorism 7as defined in section #adj7;d77#b7 of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aihh and #aihi71 shall be sentenced to a term of imprisonment of not less than twice the minimum punishment under section #djc1 and not more than life4 ,notwithstanding section #cehc1 any sentence imposed under this subsection shall include a term of supervised release of at least #e years in addition to such term of imprisonment4 7b7 ,applicability ,the conduct described in subsection 7a7 is an offense if-- 7#a7 the prohibited drug activity or the terrorist offense is in violation of the criminal laws of the ,united ,states2 7#b7 the offense1 the prohibited drug activity1 or the terrorist offense occurs in or affects interstate or foreign commerce2 7#c7 an offender provides anything of pecuniary value for a terrorist offense that causes or is designed to cause death or serious bodily injury to a national of the ,united ,states while that national is outside the ,united ,states1 or substantial damage to the property of a legal entity organized under the laws of the ,united ,states 7including any of its ,states1 districts1 commonwealths1 territories1 or possessions7 while that property is outside of the ,united ,states2 7#d7 the offense or the prohibited drug activity occurs in whole or in part outside of the ,united ,states 7including on the high seas71 and a perpetrator of the offense or the prohibited drug activity is a national of the ,united ,states or a legal entity organized under the laws of the ,united ,states 7including any of its ,states1 districts1 commonwealths1 territories1 or possessions72 or 7#e7 after the conduct required for the offense occurs an offender is brought into or found in the ,united ,states1 even if the conduct required for the offense occurs outside the ,united ,states4 7c7 ,proof requirements ,to violate subsection 7a71 a person must have knowledge that the person or organization has engaged or engages in terrorist activity 7as defined in section #bab7;a77#c77;,b7 of the ,immigration and ,nationality ,act7 or terrorism 7as defined in section #adj7;d77#b7 of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aihh and #aihi74 7d7 ,definition ,as used in this section1 the term anything of pecuniary value has the meaning given the term in section #ejf4 #dai4 ,offenses involving the ,internet 7a7 ,internet sales of date rape drugs 7#a7 ,whoever knowingly uses the ,internet to distribute a date rape drug to any person1 knowing or with reasonable cause to believe that-- 7,a7 the drug would be used in the commission of criminal sexual conduct2 or 7,b7 the person is not an authorized purchaser2 shall be imprisoned not more than #bj years4 7#b7 ,as used in this subsection3 7,a7 ,the term date rape drug means-- 7i7 gamma hydroxybutyric acid 7,,ghb7 or any controlled substance analogue of ,,ghb1 including gamma butyrolactone 7,,gbl7 or #a1d-;butanediol2 7ii7 ketamine2 7iii7 flunitrazepam2 or 7iv7 any substance which the ,attorney ,general designates1 pursuant to the rulemaking procedures prescribed by section #eec of title #e1 to be used in committing rape or sexual assault4 ,the ,attorney ,general is authorized to remove any substance from the list of date rape drugs pursuant to the same rulemaking authority4 7,b7 ,the term authorized purchaser means any of the following persons1 provided such person has acquired the controlled substance in accordance with this chapter3 7i7 ,a person with a valid prescription that is issued for a legitimate medical purpose in the usual course of professional practice that is based upon a qualifying medical relationship by a practitioner registered by the ,attorney ,general4 ,a qualifying medical relationship means a medical relationship that exists when the practitioner has conducted at least #a medical evaluation with the authorized purchaser in the physical presence of the practitioner1 without regard to whether portions of the evaluation are conducted by other heath professionals4 ,the preceding sentence shall not be construed to imply that #a medical evaluation demonstrates that a prescription has been issued for a legitimate medical purpose within the usual course of professional practice4 7ii7 ,any practitioner or other registrant who is otherwise authorized by their registration to dispense1 procure1 purchase1 manufacture1 transfer1 distribute1 import1 or export the substance under this chapter4 7iii7 ,a person or entity providing documentation that establishes the name1 address1 and business of the person or entity and which provides a legitimate purpose for using any date rape drug for which a prescription is not required4 7#c7 ,the ,attorney ,general is authorized to promulgate regulations for record-keeping and reporting by persons handling #a1d-;butanediol in order to implement and enforce the provisions of this section4 ,any record or report required by such regulations shall be considered a record or report required under this chapter4 7b7 ,offenses involving dispensing of controlled substances by means of the ,internet 7#a7 ,in general ,it shall be unlawful for any person to knowingly or intentionally-- 7,a7 deliver1 distribute1 or dispense a controlled substance by means of the ,internet1 except as authorized by this subchapter2 or 7,b7 aid or abet any activity described in subparagraph 7,a7 that is not authorized by this subchapter4 7#b7 ,examples ,examples of activities that violate paragraph 7#a7 include1 but are not limited to1 knowingly or intentionally-- 7,a7 delivering1 distributing1 or dispensing a controlled substance by means of the ,internet by an online pharmacy that is not validly registered with a modification authorizing such activity as required by section #hbc7;f7 of the ,controlled ,substances ,act 7unless exempt from such registration72 7,b7 writing a prescription for a controlled substance for the purpose of delivery1 distribution1 or dispensation by means of the ,internet in violation of section #hbi7;e7 of the ,controlled ,substances ,act2 7,c7 serving as an agent1 intermediary1 or other entity that causes the ,internet to be used to bring together a buyer and seller to engage in the dispensing of a controlled substance in a manner not authorized by section #hbc7;f7 or #hbi7;e7 of the ,controlled ,substances ,act2 7,d7 offering to fill a prescription for a controlled substance based solely on a consumer's completion of an online medical questionnaire2 and 7,e7 making a material false1 fictitious1 or fraudulent statement or representation in a notification or declaration under subsection 7d7 or 7e71 respectively1 of section #hca of the ,controlled ,substances ,act4 7#c7 ,inapplicability 7,a7 ,this subsection does not apply to-- 7i7 the delivery1 distribution1 or dispensation of controlled substances by nonpractitioners to the extent authorized by their registration under this subchapter2 7ii7 the placement on the ,internet of material that merely advocates the use of a controlled substance or includes pricing information without attempting to propose or facilitate an actual transaction involving a controlled substance2 or 7iii7 except as provided in subparagraph 7,b71 any activity that is limited to-- 7,i7 the provision of a telecommunications service1 or of an ,internet access service or ,internet information location tool 7as those terms are defined in section #bca of title #dg72 or 7,,ii7 the transmission1 storage1 retrieval1 hosting1 formatting1 or translation 7or any combination thereof7 of a communication1 without selection or alteration of the content of the communication1 except that deletion of a particular communication or material made by another person in a manner consistent with section #bcj7;c7 of title #dg does not constitute such selection or alteration of the content of the communication4 7,b7 ,the exceptions under subclauses 7,i7 and 7,,ii7 of subparagraph 7,a77iii7 do not apply to a person acting in concert with a person who violates paragraph 7#a74 7#d7 ,knowing or intentional violation ,any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with section #djc4 #ai ,,organized ,,crime ,subchapter ,a4 ,racketeering ,b4 ,racketeer influenced and corrupt organizations ,c4 ,criminal street gangs ,a ,,racketeering #eja4 ,interference with commerce by threats or violence4 #ejb4 ,interstate and foreign travel or transportation in aid of racketeering enterprises4 #ejc4 ,interstate transportation of wagering paraphernalia4 #ejd4 ,offer1 acceptance1 or solicitation to influence operations of employee benefit plan4 #eje4 ,prohibition of illegal gambling businesses4 #ejf4 ,use of interstate commerce facilities in the ,commission of murder-for-hire4 #ejg4 ,violent crimes in aid of racketeering activity4 #ejh4 ,prohibition of unlicensed money transmitting businesses4 #eja4 ,interference with commerce by threats or violence 7a7 ,offense ,whoever affects interstate or foreign commerce1 by robbery or extortion or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be imprisoned not more than #bj years4 7b7 ,definitions ,as used in this section-- 7#a7 ,the term robbery means the unlawful taking or obtaining of personal property from the person or presence of another1 against his will1 by means of actual or threatened force1 or violence1 or fear of injury1 immediate or future1 to his person or property1 or property in his custody or possession1 or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining4 7#b7 ,the term extortion means the obtaining of property from another1 with his consent1 induced by wrongful use of actual or threatened force1 violence1 or fear1 or under color of official right4 7c7 ,exclusions ,this section does not repeal1 modify1 or affect section #f or #bj of the ,clayton ,act1 the ,act of ,march #bc1 #aicb 7#dg ,stat4 #gj7 7commonly known as the ,norris-,la,guardia ,act71 the ,labor ,management ,relations ,act1 #aidg1 or the ,railway ,labor ,act4 #ejb4 ,interstate and foreign travel or transportation in aid of racketeering enterprises 7a7 ,elements of offense ,whoever travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce1 with intent to-- 7#a7 distribute the proceeds of any unlawful activity2 7#b7 commit any crime of violence to further any unlawful activity2 or 7#c7 otherwise promote1 manage1 establish1 carry on1 or facilitate the promotion1 management1 establishment1 or carrying on1 of any unlawful activity2 and thereafter performs or attempts to engage in the conduct so intended shall be punished as provided in subsections 7b7 and 7c74 7b7 ,punishment in general ,the punishment for an offense under subsection 7a7-- 7#a7 with respect to conduct described in subparagraph 7,a7 or 7,c7 is imprisonment for not more than #e years2 or 7#b7 with respect to conduct described in subparagraph 7,b7 is imprisonment for not more than #bj years1 but if death results the imprisonment shall be for any term of years or for life4 7c7 ,punishment for certain offenses ,it the offense under this section involves an act described in paragraph 7#a7 or 7#c7 of subsection 7a7 and also involves a pre-retail medical product 7as defined in section #feg71 the punishment for the offense shall be the same as the punishment provided for an offense under section #feg1 unless the penalties provided for under this section are greater4 7d7 ,definitions ,as used in this section the term unlawful activity means-- 7#a7 any business enterprise involving gambling1 liquor on which the ,federal excise tax has not been paid1 narcotics or controlled substances1 or prostitution offenses in violation of the laws of the ,state in which they are committed or of the ,united ,states2 7#b7 extortion1 bribery1 or arson in violation of the laws of the ,state in which committed or of the ,united ,states2 or 7#c7 any act which is indictable under subchapter ,,ii of chapter #ec of title #ca1 or under section #adea or #adeb4 #ejc4 ,interstate transportation of wagering paraphernalia 7a7 ,offense ,whoever1 except a common carrier in the usual course of its business1 knowingly carries or sends in interstate or foreign commerce any device to be used-- 7#a7 bookmaking2 7#b7 wagering pools with respect to a sporting event2 or 7#c7 in a numbers1 policy1 bolita1 or similar game2 shall be imprisoned for not more than five years4 7b7 ,exclusion ,this section does not apply to-- 7#a7 parimutuel betting equipment1 parimutuel tickets where legally acquired1 or parimutuel materials used or designed for use at racetracks or other sporting events in connection with which betting is legal under applicable ,state law2 7#b7 the transportation of betting materials to be used in the placing of bets or wagers on a sporting event into a ,state in which such betting is legal under the statutes of that ,state2 7#c7 the carriage or transportation in interstate or foreign commerce of any newspaper or similar publication2 7#d7 equipment1 tickets1 or materials used or designed for use within a ,state in a lottery conducted by that ,state acting under authority of ,state law2 or 7#e7 the transportation in foreign commerce to a destination in a foreign country of equipment1 tickets1 or materials designed to be used within that foreign country in a lottery which is authorized by the laws of that foreign country4 7c7 ,effect on ,state prosecutions ,nothing in this section creates immunity from criminal prosecution under any laws of a ,state4 7d7 ,definitions ,as used in this section-- 7#a7 the term foreign country means any empire1 country1 dominion1 colony1 or protectorate1 or any subdivision thereof 7other than the ,united ,states1 its territories or possessions72 and 7#b7 the term lottery means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers1 but does not include the placing or accepting of bets or wagers on sporting events or contests4 #ejd4 ,offer1 acceptance1 or solicitation to influence operations of employee benefit plan 7a7 ,offense ,whoever1 being-- 7#a7 an administrator1 officer1 trustee1 custodian1 counsel1 agent1 or employee of any employee welfare benefit plan or employee pension benefit plan2 7#b7 an officer1 counsel1 agent1 or employee of an employer or an employer any of whose employees are covered by such plan2 7#c7 an officer1 counsel1 agent1 or employee of an employee organization any of whose members are covered by such plan2 or 7#d7 a person who1 or an officer1 counsel1 agent1 or employee of an organization which1 provides benefit plan services to such plan2 receives or agrees to receive or solicits anything of value because of or with intent to be influenced with respect to1 any of the actions1 decisions1 or other duties relating to any question or matter concerning such plan or any person who directly or indirectly gives or offers1 or promises to give or offer1 anything prohibited by this section shall be imprisoned not more than three years4 7b7 ,exclusion ,this section does not prohibit the payment to or acceptance by any person of bona fide salary1 compensation1 or other payments made for goods or facilities actually furnished or for services actually performed in the regular course of his duties as such person1 administrator1 officer1 trustee1 custodian1 counsel1 agent1 or employee of such plan1 employer1 employee organization1 or organization providing benefit plan services to such plan4 7c7 ,definitions ,as used in this section-- 7#a7 the term any employee welfare benefit plan or employee pension benefit plan means any employee welfare benefit plan or employee pension benefit plan1 respectively1 subject to any provision of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd2 and 7#b7 the term employee organization and administrator have the meanings given those terms1 respectively1 in sections #c7d7 and 7#c77af7 of the ,employee ,retirement ,income ,security ,act of #aigd4 #eje4 ,prohibition of illegal gambling businesses 7a7 ,offense ,whoever conducts1 finances1 manages1 supervises1 directs1 or owns all or part of an illegal gambling business shall be imprisoned not more than five years4 7b7 ,definitions ,as used in this section-- 7#a7 the term illegal gambling business means a gambling business which-- 7,a7 is a violation of the law of a ,state or political subdivision in which it is conducted2 7,b7 involves five or more persons who conduct1 finance1 manage1 supervise1 direct1 or own all or part of such business2 and 7,c7 has been or remains in substantially continuous operation for a period in excess of #cj days or has a gross revenue of #b1jjj in any single day2 7#b7 the term gambling includes pool-selling1 bookmaking1 maintaining slot machines1 roulette wheels or dice tables1 and conducting lotteries1 policy1 bolita or numbers games1 or selling chances therein4 7c7 ,establishment of probable cause ,if five or more persons conduct1 finance1 manage1 supervise1 direct1 or own all or part of a gambling business and such business operates for two or more successive days1 then1 for the purpose of obtaining warrants for arrests1 interceptions1 and other searches and seizures1 probable cause that the business receives gross revenue in excess of #b1jjj in any single day shall be deemed to have been established4 7d7 ,exclusion ,this section does not apply to any bingo game1 lottery1 or similar game of chance conducted by an organization exempt from tax under paragraph 7#c7 of subsection 7c7 of section #eja of the ,internal ,revenue ,code of #aihf1 as amended1 if no part of the gross receipts derived from such activity inures to the benefits of any private shareholder1 member1 or employee of such organization except as compensation for actual expenses incurred by him in the conduct of such activity4 #ejf4 ,use of interstate commerce facilities in the ,commission of murder-for-hire 7a7 ,offense ,whoever travels in or causes another 7including the intended victim7 to travel in interstate or foreign commerce1 or uses or causes another 7including the intended victim7 to use the mail or any facility of interstate or foreign commerce1 with intent that a murder be committed in violation of the laws of any ,state or the ,united ,states as consideration for the receipt of1 or as consideration for a promise or agreement to pay1 anything of pecuniary value shall be imprisoned for not more than ten years2 and if personal injury results1 shall be imprisoned for not more than twenty years1 and if death results1 shall be punished by death or life imprisonment4 7b7 ,definition ,as used in this section and section #ejg1 the term anything of pecuniary value means anything of value in the form of money1 a negotiable instrument1 a commercial interest1 or anything else the primary significance of which is economic advantage4 #ejg4 ,violent crimes in aid of racketeering activity 7a7 ,offense ,whoever1 as consideration for the receipt of1 or as consideration for a promise or agreement to pay1 anything of pecuniary value from an enterprise engaged in racketeering activity1 or for the purpose of gaining entrance to or maintaining or increasing position in an enterprise engaged in racketeering activity1 murders1 kidnaps1 maims1 assaults with a dangerous weapon1 commits assault resulting in serious bodily injury upon1 or threatens to commit a crime of violence against any individual in violation of the laws of any ,state or the ,united ,states shall be punished-- 7#a7 for murder1 by death or life imprisonment2 and for kidnapping1 by imprisonment for any term of years or for life2 7#b7 for maiming1 by imprisonment for not more than thirty years2 7#c7 for assault with a dangerous weapon or assault resulting in serious bodily injury1 by imprisonment for not more than twenty years2 7#d7 for threatening to commit a crime of violence1 by imprisonment for not more than five years2 7#e7 for attempting or conspiring to commit murder or kidnapping1 by imprisonment for not more than ten years2 and 7#f7 for attempting or conspiring to commit a crime involving maiming1 assault with a dangerous weapon1 or assault resulting in serious bodily injury1 by imprisonment for not more than three years4 7b7 ,definitions ,as used in this section-- 7#a7 the term racketeering activity has the meaning set forth in section #eaa2 and 7#b7 the term enterprise includes any partnership1 corporation1 association1 or other legal entity1 and any union or group of individuals associated in fact although not a legal entity1 which is engaged in1 or the activities of which affect1 interstate or foreign commerce4 #ejh4 ,prohibition of unlicensed money transmitting businesses 7a7 ,offense ,whoever knowingly conducts1 controls1 manages1 supervises1 directs1 or owns all or part of an unlicensed money transmitting business1 shall be imprisoned not more than #e years4 7b7 ,definition ,as used in this section-- 7#a7 the term unlicensed money transmitting business means a money transmitting business which affects interstate or foreign commerce in any manner or degree and-- 7,a7 is operated without an appropriate money transmitting license in a ,state where such operation is punishable as a misdemeanor or a felony under ,state law1 whether or not the defendant knew that the operation was required to be licensed or that the operation was so punishable2 7,b7 fails to comply with the money transmitting business registration requirements under section #eccj of title #ca1 or regulations prescribed under such section2 or 7,c7 otherwise involves the transportation or transmission of funds that are known to the defendant to have been derived from a criminal offense or are intended to be used to promote or support unlawful activity2 and 7#b7 the term money transmitting includes transferring funds on behalf of the public by any and all means including but not limited to transfers within this country or to locations abroad by wire1 check1 draft1 facsimile1 or courier4 ,b ,,racketeer ,,influenced ,,and ,,corrupt ,,organizations #eaa4 ,definitions4 #eab4 ,prohibited activities4 #eac4 ,criminal penalties4 #ead4 ,civil remedies4 #eae4 ,venue and process4 #eaf4 ,expedition of actions4 #eag4 ,evidence4 #eah4 ,civil investigative demand4 #eaa4 ,definitions ,as used in this subchapter-- 7#a7 the term racketeering activity means-- 7,a7 any act or threat involving murder1 kidnapping1 gambling1 arson1 robbery1 bribery1 extortion1 dealing in obscene matter1 or dealing in a controlled substance or listed chemical 7as defined in section #ajb of the ,controlled ,substances ,act71 which is chargeable under ,state law and punishable by imprisonment for more than one year2 7,b7 any act which is indictable under any of the following provisions of this title3 ,section #iia 7relating to bribery71 section #ajjg 7relating to sports bribery71 sections #fib1 #fic1 and #fid 7relating to counterfeiting71 section #fdg 7relating to theft from interstate shipment7 if the act indictable under section #fdg is felonious1 section #fea 7relating to embezzlement from pension and welfare funds71 sections #aee1 #aef1 and #aeg 7relating to extortionate credit transactions71 section #ghc 7relating to fraud and related activity in connection with identification documents71 section #ghf 7relating to fraud and related activity in connection with access devices71 section #acha 7relating to the transmission of gambling information71 section #hja 7relating to mail fraud71 section #hjc 7relating to wire fraud71 section #hjd 7relating to financial institution fraud71 section #cae 7relating to the procurement of citizenship or nationalization unlawfully71 section #caf 7relating to the sale of naturalization or citizenship papers71 #cah 7relating to bringing in or harboring certain aliens71 #cba 7relating to aiding or assisting certain aliens to enter the ,united ,states71 7if the violation of section #cah or #cba was committed for financial gain7 sections #adda-addc 7relating to obscene matter71 section #aacb 7relating to obstruction of justice71 section #aace 7relating to obstruction of criminal investigations71 section #aacf 7relating to the obstruction of ,state or local law enforcement71 section #aacg 7relating to tampering with a witness1 victim1 or an informant71 section #aach 7relating to retaliating against a witness1 victim1 or an informant71 section #caa 7relating to false statement in application and use of passport71 section #cab 7relating to forgery or false use of passport71 section #cac 7relating to misuse of passport71 section #cad 7relating to fraud and misuse of visas1 permits1 and other documents71 sections #abfa-abff 7relating to peonage1 slavery1 and trafficking in persons71 section #eja 7relating to interference with commerce1 robbery1 or extortion71 section #ejb 7relating to racketeering71 section #ejc 7relating to interstate transportation of wagering paraphernalia71 section #ejd 7relating to unlawful welfare fund payments71 section #eje 7relating to the prohibition of illegal gambling businesses71 section #adea 7relating to the laundering of monetary instruments71 section #adeb 7relating to engaging in monetary transactions in property derived from specified unlawful activity71 section #ejf 7relating to use of interstate commerce facilities in the commission of murder-for-hire71 section #ejh 7relating to prohibition of unlicensed money transmitting businesses71 sections #bba1 #bbb1 and #bbc 7relating to sexual exploitation of children71 sections #fga and #fgb 7relating to interstate transportation of stolen motor vehicles71 sections #fgc and #fgd 7relating to interstate transportation of stolen property71 section #fge 7relating to trafficking in counterfeit labels for phonorecords1 computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works71 section #fgf 7relating to criminal infringement of a copyright71 section #fgh 7relating to unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances71 section #fhj 7relating to trafficking in counterfeit goods or services71 section #fha 7relating to trafficking in certain motor vehicles or motor vehicle parts71 sections #adaa-adaf 7relating to trafficking in contraband cigarettes71 sections #baa-bac 7relating to white slave traffic71 sections #fba-fbg 7relating to biological weapons71 sections #fca-fcf 7relating to chemical weapons71 section #fja 7relating to nuclear materials72 7,c7 any act which is indictable under section #ahf 7dealing with restrictions on payments and loans to labor organizations7 or section #eja7;c7 7relating to embezzlement from union funds7 of title #bi1 ,united ,states ,code2 7,d7 any offense involving fraud connected with a case under title #aa 7except a case under section #hhe71 fraud in the sale of securities1 or the felonious manufacture1 importation1 receiving1 concealment1 buying1 selling1 or otherwise dealing in a controlled substance or listed chemical 7as defined in section #ajb of the ,controlled ,substances ,act71 punishable under any law of the ,united ,states2 7,e7 any act which is indictable under the ,currency and ,foreign ,transactions ,reporting ,act2 7,f7 any act which is indictable under section #bgh of the ,immigration and ,nationality ,act1 if the act indictable under such section of such ,act was committed for the purpose of financial gain2 or 7,g7 any act that is indictable under any provision listed in section #bgc7;g77#c77;,b72 7#b7 the term enterprise includes any individual1 partnership1 corporation1 association1 or other legal entity1 and any union or group of individuals associated in fact although not a legal entity2 7#c7 the term pattern of racketeering activity requires at least two acts of racketeering activity1 one of which occurred after ,october #ae1 #aigj and the last of which occurred within ten years 7excluding any period of imprisonment7 after the commission of a prior act of racketeering activity2 7#d7 the term unlawful debt means a debt-- 7,a7 incurred or contracted in gambling activity which was in violation of the law of the ,united ,states1 a ,state or political subdivision thereof1 or which is unenforceable under ,state or ,federal law in whole or in part as to principal or interest because of the laws relating to usury2 and 7,b7 which was incurred in connection with the business of gambling in violation of the law of the ,united ,states1 a ,state or political subdivision thereof1 or the business of lending money or a thing of value at a rate usurious under ,state or ,federal law1 where the usurious rate is at least twice the enforceable rate2 7#e7 the term racketeering investigator means any attorney or investigator so designated by the ,attorney ,general and charged with the duty of enforcing or carrying into effect this chapter2 7#f7 the term racketeering investigation means any inquiry conducted by any racketeering investigator for the purpose of ascertaining whether any person has been involved in any violation of this subchapter or of any final order1 judgment1 or decree of any court of the ,united ,states1 duly entered in any case or proceeding arising under this subchapter2 7#g7 the term documentary material includes any book1 paper1 document1 record1 recording1 or other material2 and 7#h7 the term ,attorney ,general includes the ,attorney ,general of the ,united ,states1 the ,deputy ,attorney ,general of the ,united ,states1 the ,associate ,attorney ,general of the ,united ,states1 any ,assistant ,attorney ,general of the ,united ,states1 or any employee of the ,department of ,justice or any employee of any department or agency of the ,united ,states so designated by the ,attorney ,general to carry out the powers conferred on the ,attorney ,general by this chapter1 and any department or agency so designated may use in investigations authorized by this subchapter either the investigative provisions of this subchapter or the investigative power of such department or agency otherwise conferred by law4 #eab4 ,prohibited activities 7a7 ,using or investing proceeds ,it shall be unlawful for any person who has received any income derived1 directly or indirectly1 from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section #b1 to use or invest1 directly or indirectly1 any part of such income1 or the proceeds of such income1 in acquisition of any interest in1 or the establishment or operation of1 any enterprise which is engaged in1 or the activities of which affect1 interstate or foreign commerce4 ,a purchase of securities on the open market for purposes of investment1 and without the intention of controlling or participating in the control of the issuer1 or of assisting another to do so1 shall not be unlawful under this subsection if the securities of the issuer held by the purchaser1 the members of his family1 and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class1 and do not confer1 either in law or in fact1 the power to elect one or more directors of the issuer4 7b7 ,maintaining interest or control ,it shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain1 directly or indirectly1 any interest in or control of any enterprise which is engaged in1 or the activities of which affect1 interstate or foreign commerce4 7c7 ,conducting affairs ,it shall be unlawful for any person employed by or associated with any enterprise engaged in1 or the activities of which affect1 interstate or foreign commerce1 to conduct or participate1 directly or indirectly1 in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt4 #eac4 ,criminal penalties ,whoever violates section #eab shall be imprisoned not more than #bj years 7or for life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment74 #ead4 ,civil remedies 7a7 ,prevention and restraint of violations ,the district courts of the ,united ,states shall have jurisdiction to prevent and restrain violations of section #eab by issuing appropriate orders1 including-- 7#a7 ordering any person to divest any interest in any enterprise2 and 7#b7 imposing reasonable restrictions on the future activities or investments of any person1 including-- 7,a7 prohibiting that person from engaging in the same type of endeavor as the enterprise engaged in1 the activities of which affect interstate or foreign commerce2 or 7,b7 ordering dissolution or reorganization of any enterprise1 making due provision for the rights of innocent persons4 7b7 ,preliminary matters ,the ,attorney ,general may institute proceedings under this section4 ,pending final determination thereof1 the court may at any time enter such restraining orders or prohibitions1 or take such other actions1 including the acceptance of satisfactory performance bonds1 as it shall deem proper4 7c7 ,private right of action ,any person injured in his business or property by reason of a violation of section #eab may sue therefor in any appropriate ,united ,states district court and shall recover threefold the damages he sustains and the cost of the suit1 including a reasonable attorney's fee1 except that no person may rely upon any conduct that would have been actionable as fraud in the purchase or sale of securities to establish a violation of section #eab4 ,the exception contained in the preceding sentence does not apply to an action against any person that is criminally convicted in connection with the fraud1 in which case the statute of limitations shall start to run on the date on which the conviction becomes final4 7d7 ,estoppel ,a final judgment or decree rendered in favor of the ,united ,states in any criminal proceeding brought by the ,united ,states under this chapter shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the ,united ,states4 #eae4 ,venue and process 7a7 ,venue ,any civil action or proceeding under this subchapter may be instituted in the district court of the ,united ,states for any district in which such person resides1 is found1 has an agent1 or transacts his affairs4 7b7 ,summons ,in any action under section #ead in any district court of the ,united ,states in which it is shown that the ends of justice require that other parties residing in any other district be brought before the court1 the court may cause such parties to be summoned1 and process for that purpose may be served in any judicial district of the ,united ,states by the marshal thereof4 7c7 ,subpoenas ,in any civil or criminal action or proceeding instituted by the ,united ,states under this subchapter in the district court of the ,united ,states for any judicial district1 subpoenas issued by such court to compel the attendance of witnesses may be served in any other judicial district1 except that in any civil action or proceeding no such subpoena shall be issued for service upon any individual who resides in another district at a place more than one hundred miles from the place at which such court is held without approval given by a judge of such court upon a showing of good cause4 7d7 ,other process ,all other process in any action or proceeding under this subchapter may be served on any person in any judicial district in which such person resides1 is found1 has an agent1 or transacts affairs4 #eaf4 ,expedition of actions ,in any civil action instituted under this subchapter by the ,united ,states in any district court of the ,united ,states1 the ,attorney ,general may file with the clerk of such court a certificate stating that in the ,attorney ,general's opinion the case is of general public importance4 ,a copy of that certificate shall be furnished immediately by such clerk to the chief judge or1 in the absence of the chief judge1 to the presiding district judge of the district in which such action is pending4 ,upon receipt of such copy1 such judge shall designate immediately a judge of that district to hear and determine the action4 #eag4 ,evidence ,in any proceeding ancillary to or in any civil action instituted by the ,united ,states under this subchapter the proceedings may be open or closed to the public at the discretion of the court after consideration of the rights of affected persons4 #eah4 ,civil investigative demand 7a7 ,issuance ,if the ,attorney ,general has reason to believe that any person or enterprise may be in possession1 custody1 or control of any documentary materials relevant to a racketeering investigation1 the ,attorney ,general may1 before the institution of a civil or criminal proceeding thereon1 issue in writing1 and cause to be served upon such person1 a civil investigative demand requiring such person to produce such material for examination4 7b7 ,contents ,each such demand shall-- 7#a7 state the nature of the conduct constituting the alleged racketeering violation which is under investigation and the provision of law applicable thereto2 7#b7 describe the class or classes of documentary material produced thereunder with such definiteness and certainty as to permit such material to be fairly identified2 7#c7 state that the demand is returnable forthwith or prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction2 and 7#d7 identify the custodian to whom such material shall be made available4 7c7 ,limitation ,no such demand shall-- 7#a7 contain any requirement which would be held to be unreasonable if contained in a subpoena duces tecum issued by a court of the ,united ,states in aid of a grand jury investigation of such alleged racketeering violation2 or 7#b7 require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of the ,united ,states in aid of a grand jury investigation of such alleged racketeering violation4 7d7 ,service ,service of any such demand or any petition filed under this section may be made upon a person by-- 7#a7 delivering a duly executed copy thereof to any partner1 executive officer1 managing agent1 or general agent thereof1 or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such person1 or upon any individual person2 7#b7 delivering a duly executed copy thereof to the principal office or place of business of the person to be served2 or 7#c7 depositing such copy in the ,united ,states mail1 by registered or certified mail duly addressed to such person at its principal office or place of business4 7e7 ,return ,a verified return by the individual serving any such demand or petition setting forth the manner of such service shall be prima facie proof of such service4 ,in the case of service by registered or certified mail1 such return shall be accompanied by the return post office receipt of delivery of such demand4 7f7 ,document custodian 7#a7 ,the ,attorney ,general shall designate a racketeering investigator to serve as racketeer document custodian1 and such additional racketeering investigators as the ,attorney ,general shall determine from time to time to be necessary to serve as deputies to such officer4 7#b7 ,any person upon whom any demand issued under this section has been duly served shall make such material available for inspection and copying or reproduction to the custodian designated therein at the principal place of business of such person1 or at such other place as such custodian and such person thereafter may agree and prescribe in writing or as the court may direct1 pursuant to this section on the return date specified in such demand1 or on such later date as such custodian may prescribe in writing4 ,such person may upon written agreement between such person and the custodian substitute for copies of all or any part of such material originals thereof4 7#c7 ,the custodian to whom any documentary material is so delivered shall take physical possession thereof1 and shall be responsible for the use made thereof and for the return thereof pursuant to this chapter4 ,the custodian may cause the preparation of such copies of such documentary material as may be required for official use under regulations which shall be promulgated by the ,attorney ,general4 ,while in the possession of the custodian1 no material so produced shall be available for examination1 without the consent of the person who produced such material1 by any individual other than the ,attorney ,general4 ,under such reasonable terms and conditions as the ,attorney ,general shall prescribe1 documentary material while in the possession of the custodian shall be available for examination by the person who produced such material or any duly authorized representatives of such person4 7#d7 ,whenever any attorney has been designated to appear on behalf of the ,united ,states before any court or grand jury in any case or proceeding involving any alleged violation of this chapter1 the custodian may deliver to such attorney such documentary material in the possession of the custodian as such attorney determines to be required for use in the presentation of such case or proceeding on behalf of the ,united ,states4 ,upon the conclusion of any such case or proceeding1 such attorney shall return to the custodian any documentary material so withdrawn which has not passed into the control of such court or grand jury through the introduction thereof into the record of such case or proceeding4 7#e7 ,upon the completion of-- 7,a7 the racketeering investigation for which any documentary material was produced under this subchapter1 and 7,b7 any case or proceeding arising from such investigation1 the custodian shall return to the person who produced such material all such material other than copies thereof made by the ,attorney ,general pursuant to this subsection which has not passed into the control of any court or grand jury through the introduction thereof into the record of such case or proceeding4 7#f7 ,when any documentary material has been produced by any person under this section for use in any racketeering investigation1 and no such case or proceeding arising therefrom has been instituted within a reasonable time after completion of the examination and analysis of all evidence assembled in the course of such investigation1 such person shall be entitled1 upon written demand made upon the ,attorney ,general1 to the return of all documentary material other than copies thereof made pursuant to this subsection so produced by such person4 7#g7 ,in the event of the death1 disability1 or separation from service of the custodian of any documentary material produced under any demand issued under this section or the official relief of such custodian from responsibility for the custody and control of such material1 the ,attorney ,general shall promptly-- 7,a7 designate another racketeering investigator to serve as custodian thereof1 and 7,b7 transmit notice in writing to the person who produced such material as to the identity and address of the successor so designated4 ,any successor so designated shall have with regard to such materials all duties and responsibilities imposed by this section upon the predecessor custodian with regard thereto1 except that the successor shall not be held responsible for any default or dereliction which occurred before the successor's designation as custodian4 7g7 ,enforcement petition ,whenever any person fails to comply with any civil investigative demand duly served upon him under this section or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material1 the ,attorney ,general may file1 in the district court of the ,united ,states for any judicial district in which such person resides1 is found1 or transacts business1 and serve upon such person a petition for an order of such court for the enforcement of this section1 except that if such person transacts business in more than one such district such petition shall be filed in the district in which such person maintains his principal place of business1 or in such other district in which such person transacts business as may be agreed upon by the parties to such petition4 7h7 ,modification or setting aside ,within #bj days after the service of any such demand upon any person1 or at any time before the return date specified in the demand1 whichever period is shorter1 such person may file1 in the district court of the ,united ,states for the judicial district within which such person resides1 is found1 or transacts business1 and serve upon such custodian a petition for an order of such court modifying or setting aside such demand4 ,the time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court4 ,such petition shall specify each ground upon which the petitioner relies in seeking such relief1 and may be based upon any failure of such demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person4 7i7 ,ordering custodian ,to perform duty ,at any time during which any custodian is in custody or control of any documentary material delivered by any person in compliance with any such demand1 such person may file1 in the district court of the ,united ,states for the judicial district within which the office of such custodian is situated1 and serve upon such custodian a petition for an order of such court requiring the performance by such custodian of any duty imposed upon him by this section4 7j7 ,jurisdiction ,whenever any petition is filed in any district court of the ,united ,states under this section1 such court shall have jurisdiction to hear and determine the matter so presented1 and to enter such order or orders as may be required to carry into effect the provisions of this section4 ,c ,,criminal ,,street ,,gangs #eba4 ,criminal street gangs4 #eba4 ,criminal street gangs 7a7 ,definitions ,in this section-- 7#a7 the term conviction includes a finding1 under ,state or ,federal law1 that a person has committed an act of juvenile delinquency involving a violent or controlled substances felony2 and 7#b7 the term criminal street gang means an ongoing group1 club1 organization1 or association of #e or more persons-- 7,a7 that has as #a of its primary purposes the commission of #a or more of the criminal offenses described in subsection 7c72 7,b7 the members of which engage1 or have engaged within the past #e years1 in a continuing series of offenses described in subsection 7c72 and 7,c7 the activities of which affect interstate or foreign commerce4 7b7 ,penalty ,the sentence of a person convicted of an offense described in subsection 7c7 shall be increased by not more than #aj years if the offense is committed under the circumstances described in subsection 7d74 7c7 ,offenses ,the offenses described in this section are-- 7#a7 a ,federal felony involving a controlled substance for which the maximum penalty is not less than #e years2 7#b7 a ,federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another2 and 7#c7 a conspiracy to commit an offense described in paragraph 7#a7 or 7#b74 7d7 ,circumstances ,the circumstances described in this section are that the offense described in subsection 7c7 was committed by a person who-- 7#a7 participates in a criminal street gang with knowledge that its members engage in or have engaged in a continuing series of offenses described in subsection 7c72 7#b7 intends to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in the gang2 and 7#c7 has been convicted within the past #e years for-- 7,a7 an offense described in subsection 7c72 7,b7 a ,state offense-- 7i7 involving a controlled substance for which the maximum penalty is not less than #e years imprisonment2 or 7ii7 that is a felony crime of violence that has as an element the use or attempted use of physical force against the person of another2 7,c7 any ,federal or ,state felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense2 or 7,d7 a conspiracy to commit an offense described in subparagraph 7,a71 7,b71 or 7,c74 #ba ,,arson1 ,,firearms1 ,,explosives1 ,,and ,,weapons ,,crimes ,subchapter ,a4 ,arson ,b4 ,firearms ,c4 ,explosives ,d4 ,importation1 manufacture1 distribution1 and storage of ,explosive ,materials ,e4 ,biological weapons ,f4 ,chemical weapons ,a ,,arson #ega4 ,arson within special maritime and territorial jurisdiction4 #ega4 ,arson within special maritime and territorial jurisdiction ,whoever1 within the special maritime and territorial jurisdiction of the ,united ,states1 willfully and maliciously sets fire to or burns any building1 structure or vessel1 any machinery or building materials or supplies1 military or naval stores1 munitions of war1 or any structural aids or appliances for navigation or shipping shall be imprisoned for not more than #be years4 ,if the building is a dwelling or if the life of any person is placed in jeopardy1 the offender shall be imprisoned for any term of years or for life4 ,b ,,firearms #eha4 ,definitions4 #ehb4 ,unlawful ,acts4 #ehc4 ,licensing4 #ehd4 ,penalties4 #ehe4 ,exceptions3 relief from disabilities4 #ehf4 ,remedy for erroneous denial of firearm4 #ehg4 ,rules and regulations4 #ehh4 ,interstate transportation of firearms4 #ehi4 ,carrying of concealed firearms by qualified law enforcement officers4 #eij4 ,carrying of concealed firearms by qualified retired law enforcement officers4 #eia4 ,use of restricted ammunition4 #eib4 ,possession of firearms and dangerous weapons in ,federal facilities4 #eic4 ,prohibition on purchase1 ownership1 or possession of body armor by violent felons4 #eha4 ,definitions ,for the purposes of this subchapter-- 7#a7 ,the term firearm means 7,a7 any weapon 7including a starter gun7 which will or is designed to or may readily be converted to expel a projectile by the action of an explosive2 7,b7 the frame or receiver of any such weapon2 7,c7 any firearm muffler or firearm silencer2 or 7,d7 any destructive device4 ,such term does not include an antique firearm4 7#b7 ,the term destructive device means-- 7,a7 any explosive1 incendiary1 or poison gas-- 7i7 bomb1 7ii7 grenade1 7iii7 rocket having a propellant charge of more than four ounces1 7iv7 missile having an explosive or incendiary charge of more than one-quarter ounce1 7v7 mine1 or 7vi7 device similar to any of the devices described in the preceding clauses2 7,b7 any type of weapon 7other than a shotgun or a shotgun shell which the ,attorney ,general finds is generally recognized as particularly suitable for sporting purposes7 by whatever name known which will1 or which may be readily converted to1 expel a projectile by the action of an explosive or other propellant1 and which has any barrel with a bore of more than one-half inch in diameter2 and 7,c7 any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph 7,a7 or 7,b7 and from which a destructive device may be readily assembled4 ,such term does not include any device which is neither designed nor redesigned for use as a weapon2 any device1 although originally designed for use as a weapon1 which is redesigned for use as a signaling1 pyrotechnic1 line throwing1 safety1 or similar device2 surplus ordnance sold1 loaned1 or given by the ,secretary of the ,army pursuant to section #dfhd7b71 #dfhe1 or #dfhf of title #aj2 or any other device which the ,attorney ,general finds is not likely to be used as a weapon1 is an antique1 or is a rifle which the owner intends to use solely for sporting1 recreational or cultural purposes4 7#c7 ,the term shotgun means a weapon designed or redesigned1 made or remade1 and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger4 7#d7 ,the term short-barreled shotgun means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun 7whether by alteration1 modification or otherwise7 if such a weapon as modified has an overall length of less than twenty-six inches4 7#e7 ,the term rifle means a weapon designed or redesigned1 made or remade1 and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger4 7#f7 ,the term short-barreled rifle means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle 7whether by alteration1 modification1 or otherwise7 if such weapon1 as modified1 has an overall length of less than twenty-six inches4 7#g7 ,the term importer means any person engaged in the business of importing or bringing firearms or ammunition into the ,united ,states for purposes of sale or distribution2 and the term licensed importer means any such person licensed under this chapter4 7#h7 ,the term manufacturer means any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution2 and the term licensed manufacturer means any such person licensed under this chapter4 7#i7 ,the term dealer means 7,a7 any person engaged in the business of selling firearms at wholesale or retail1 7,b7 any person engaged in the business of repairing firearms or of making or fitting special barrels1 stocks1 or trigger mechanisms to firearms1 or 7,c7 any person who is a pawnbroker4 ,the term licensed dealer means any dealer who is licensed under this chapter4 7#aj7 ,the term pawnbroker means any person whose business or occupation includes the taking or receiving1 by way of pledge or pawn1 of any firearm as security for the payment or repayment of money4 7#aa7 ,the term collector means any person who acquires1 holds1 or disposes of firearms as curios or relics1 as the ,attorney ,general shall by regulation define1 and the term licensed collector means any such person licensed under this chapter4 7#ab7 ,the term indictment includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted4 7#ac7 ,the term fugitive from justice means any person who has fled from any ,state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding4 7#ad7 ,the term antique firearm means-- 7,a7 any firearm 7including any firearm with a matchlock1 flintlock1 percussion cap1 or similar type of ignition system7 manufactured in or before #ahih2 or 7,b7 any replica of any firearm described in subparagraph 7,a7 if such replica-- 7i7 is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition2 or 7ii7 uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the ,united ,states and which is not readily available in the ordinary channels of commercial trade2 or 7,c7 any muzzle loading rifle1 muzzle loading shotgun1 or muzzle loading pistol1 which is designed to use black powder1 or a black powder substitute1 and which cannot use fixed ammunition4 ,for purposes of this subparagraph1 the term antique firearm shall not include any weapon which incorporates a firearm frame or receiver1 any firearm which is converted into a muzzle loading weapon1 or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel1 bolt1 breechblock1 or any combination thereof4 7#ae7 7,a7 ,the term ammunition means ammunition or cartridge cases1 primers1 bullets1 or propellent powder designed for use in any firearm4 7,b7 ,the term armor piercing ammunition means-- 7i7 a projectile or projectile core which may be used in a handgun and which is constructed entirely 7excluding the presence of traces of other substances7 from one or a combination of tungsten alloys1 steel1 iron1 brass1 bronze1 beryllium copper1 or depleted uranium2 or 7ii7 a full jacketed projectile larger than 4#bb caliber designed and intended for use in a handgun and whose jacket has a weight of more than #be percent of the total weight of the projectile4 7,c7 ,the term armor piercing ammunition does not include shotgun shot required by ,federal or ,state environmental or game regulations for hunting purposes1 a frangible projectile designed for target shooting1 a projectile which the ,attorney ,general finds is primarily intended to be used for sporting purposes1 or any other projectile or projectile core which the ,attorney ,general finds is intended to be used for industrial purposes1 including a charge used in an oil and gas well perforating device4 7#af7 ,the term published ordinance means a published law of any political subdivision of a ,state which the ,attorney ,general determines to be relevant to the enforcement of this subchapter and which is contained on a list compiled by the ,attorney ,general1 which list shall be published in the ,federal ,register1 revised annually1 and furnished to each licensee under this subchapter4 7#ag7 ,the term crime punishable by imprisonment for a term exceeding one year does not include-- 7,a7 any ,federal or ,state offenses pertaining to antitrust violations1 unfair trade practices1 restraints of trade1 or other similar offenses relating to the regulation of business practices1 or 7,b7 any ,state offense classified by the laws of the ,state as a misdemeanor and punishable by a term of imprisonment of two years or less4 ,what constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held4 ,any conviction which has been expunged1 or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this subchapter1 unless such pardon1 expungement1 or restoration of civil rights expressly provides that the person may not ship1 transport1 possess1 or receive firearms4 7#ah7 ,the term engaged in the business means-- 7,a7 as applied to a manufacturer of firearms1 a person who devotes time1 attention1 and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured2 7,b7 as applied to a manufacturer of ammunition1 a person who devotes time1 attention1 and labor to manufacturing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured2 7,c7 as applied to a dealer in firearms1 as defined in paragraph 7#i77;,a71 a person who devotes time1 attention1 and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms1 but such term does not include a person who makes occasional sales1 exchanges1 or purchases of firearms for the enhancement of a personal collection or for a hobby1 or who sells all or part of his personal collection of firearms2 7,d7 as applied to a dealer in firearms1 as defined in paragraph 7#i77;,b71 a person who devotes time1 attention1 and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit1 but such term does not include a person who makes occasional repairs of firearms1 or who occasionally fits special barrels1 stocks1 or trigger mechanisms to firearms2 7,e7 as applied to an importer of firearms1 a person who devotes time1 attention1 and labor to importing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms imported2 and 7,f7 as applied to an importer of ammunition1 a person who devotes time1 attention1 and labor to importing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition imported4 7#ai7 ,the term with the principal objective of livelihood and profit means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain1 as opposed to other intents1 such as improving or liquidating a personal firearms collection1 but proof of profit is not required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism4 ,in this paragraph1 the term terrorism means activity1 directed against ,united ,states persons1 which-- 7,a7 is committed by an individual who is not a national or permanent resident alien of the ,united ,states2 7,b7 involves violent acts or acts dangerous to human life which would be a criminal violation if committed within the jurisdiction of the ,united ,states2 and 7,c7 is intended-- 7i7 to intimidate or coerce a civilian population2 7ii7 to influence the policy of a government by intimidation or coercion2 or 7iii7 to affect the conduct of a government by assassination or kidnapping4 7#bj7 ,the term machinegun has the meaning given such term in section #ehde7;b7 of the ,national ,firearms ,act4 7#ba7 ,the terms firearm silencer and firearm muffler mean any device for silencing1 muffling1 or diminishing the report of a portable firearm1 including any combination of parts1 designed or redesigned1 and intended for use in assembling or fabricating a firearm silencer or firearm muffler1 and any part intended only for use in such assembly or fabrication4 7#bb7 ,the term school zone means-- 7,a7 in1 or on the grounds of1 a public1 parochial or private school2 or 7,b7 within a distance of #a1jjj feet from the grounds of a public1 parochial or private school4 7#bc7 ,the term school means a school which provides elementary or secondary education1 as determined under ,state law4 7#bd7 ,the term motor vehicle has the meaning given such term in section #acajb of title #di4 7#be7 ,the term semiautomatic rifle means any repeating rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round1 and which requires a separate pull of the trigger to fire each cartridge4 7#bf7 ,the term handgun means-- 7,a7 a firearm which has a short stock and is designed to be held and fired by the use of a single hand2 and 7,b7 any combination of parts from which a firearm described in subparagraph 7,a7 can be assembled4 7#bg7 ,the term intimate partner means1 with respect to a person1 the spouse of the person1 a former spouse of the person1 an individual who is a parent of a child of the person1 and an individual who cohabitates or has cohabited with the person4 7#bh7 7,a7 ,the term misdemeanor crime of domestic violence means an offense that-- 7i7 is a misdemeanor under ,federal1 ,state1 or ,tribal law2 and 7ii7 has1 as an element1 the use or attempted use of physical force1 or the threatened use of a deadly weapon1 committed by a current or former spouse1 parent1 or guardian of the victim1 by a person with whom the victim shares a child in common1 by a person who is cohabiting with or has cohabited with the victim as a spouse1 parent1 or guardian1 or by a person similarly situated to a spouse1 parent1 or guardian of the victim4 7,b7 7i7 ,a person shall not be considered to have been convicted of such an offense for purposes of this subchapter1 unless-- 7,i7 the person was represented by counsel in the case1 or knowingly and intelligently waived the right to counsel in the case2 and 7,,ii7 in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried1 either-- 7aa7 the case was tried by a jury2 or 7bb7 the person knowingly and intelligently waived the right to have the case tried by a jury1 by guilty plea or otherwise4 7ii7 ,a person shall not be considered to have been convicted of such an offense for purposes of this subchapter if the conviction has been expunged or set aside1 or is an offense for which the person has been pardoned or has had civil rights restored 7if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense7 unless the pardon1 expungement1 or restoration of civil rights expressly provides that the person may not ship1 transport1 possess1 or receive firearms4 7#bi7 ,the term secure gun storage or safety device means-- 7,a7 a device that1 when installed on a firearm1 is designed to prevent the firearm from being operated without first deactivating the device2 7,b7 a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device2 or 7,c7 a safe1 gun safe1 gun case1 lock box1 or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key1 a combination1 or other similar means4 7#cj7 ,the term body armor means any product sold or offered for sale1 in interstate or foreign commerce1 as personal protective body covering intended to protect against gunfire1 regardless of whether the product is to be worn alone or is sold as a complement to another product or garment4 7#ca7 ,a member of the ,armed ,forces on active duty is a resident of the ,state in which his permanent duty station is located4 #ehb4 ,unlawful ,acts 7a7 ,regulatory offenses ,it shall be unlawful-- 7#a7 for any person-- 7,a7 except a licensed importer1 licensed manufacturer1 or licensed dealer1 to engage in the business of importing1 manufacturing1 or dealing in firearms1 or in the course of such business to ship1 transport1 or receive any firearm in interstate or foreign commerce2 or 7,b7 except a licensed importer or licensed manufacturer1 to engage in the business of importing or manufacturing ammunition1 or in the course of such business1 to ship1 transport1 or receive any ammunition in interstate or foreign commerce2 7#b7 for any importer1 manufacturer1 dealer1 or collector licensed under this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector1 except that-- 7,a7 this paragraph and subsection 7b77#c7 shall not be held to preclude a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received2 and this paragraph does not preclude an individual from mailing a firearm owned in compliance with ,federal1 ,state1 and local law to a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector2 7,b7 this paragraph does not preclude a licensed importer1 licensed manufacturer1 or licensed dealer from depositing a firearm for conveyance in the mails to any officer1 employee1 agent1 or watchman who1 pursuant to section #iej1 is eligible to receive through the mails pistols1 revolvers1 and other firearms capable of being concealed on the person1 for use in connection with his official duty2 and 7,c7 nothing in this paragraph shall be construed as applying in any manner in the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 or any possession of the ,united ,states differently than it would apply if the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 or the possession were in fact a ,state of the ,united ,states2 7#c7 for any person1 other than a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector to transport into or receive in the ,state where he resides 7or if the person is a corporation or other business entity1 the ,state where it maintains a place of business7 any fire arm purchased or otherwise obtained by such person outside that ,state1 except that this paragraph-- 7,a7 does not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a ,state other than his ,state of residence from transporting the firearm into or receiving it in that ,state1 if it is lawful for such person to purchase or possess such firearm in that ,state2 7,b7 does not apply to the transportation or receipt of a firearm obtained in conformity with subsection 7b77#c72 and 7,c7 does not apply to the transportation of any firearm acquired in any ,state before ,december #af1 #aifh2 7#d7 for any person1 other than a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector1 to transport in interstate or foreign commerce any destructive device1 machinegun1 short-barreled shotgun1 or short-barreled rifle1 except as specifically authorized by the ,attorney ,general consistent with public safety and necessity2 7#e7 for any person 7other than a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector7 to transfer1 sell1 trade1 give1 transport1 or deliver any firearm to any person 7other than a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector7 who the transferor knows or has reasonable cause to believe does not reside in 7or if the person is a corporation or other business entity1 does not maintain a place of business in7 the ,state in which the transferor resides2 except that this paragraph does not apply to 7,a7 the transfer1 transportation1 or delivery of a firearm made to carry out a bequest of a firearm to1 or an acquisition by intestate succession of a firearm by1 a person who is permitted to acquire or possess a firearm under the laws of the ,state of his residence1 and 7,b7 the loan or rental of a firearm to any person for temporary use for lawful sporting purposes2 7#f7 for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector1 knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false1 fictitious1 or misrepresented identification1 intended or likely to deceive such importer1 manufacturer1 dealer1 or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under this chapter2 7#g7 for any person to manufacture or import armor piercing ammunition1 unless-- 7,a7 the manufacture of such ammunition is for the use of the ,united ,states1 any department or agency of the ,united ,states1 any ,state1 or any department1 agency1 or political subdivision of a ,state2 7,b7 the manufacture of such ammunition is for the purpose of exportation2 or 7,c7 the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the ,attorney ,general2 7#h7 for any manufacturer or importer to sell or deliver armor piercing ammunition1 unless such sale or delivery-- 7,a7 is for the use of the ,united ,states1 any department or agency of the ,united ,states1 any ,state1 or any department1 agency1 or political subdivision of a ,state2 7,b7 is for the purpose of exportation2 or 7,c7 is for the purpose of testing or experimentation and has been authorized by the ,attorney ,general2 and 7#i7 for any person1 other than a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector1 who does not reside in any ,state to receive any firearms unless such receipt is for lawful sporting purposes4 7b7 ,licensee offenses ,it shall be unlawful for any licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector to sell or deliver-- 7#a7 any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age1 and1 if the firearm1 or ammunition is other than a shotgun or rifle1 or ammunition for a shotgun or rifle1 to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age2 7#b7 any firearm to any person in any ,state where the purchase or possession by such person of such firearm would be in violation of any ,state law or any published ordinance applicable at the place of sale1 delivery or other disposition1 unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such ,state law or such published ordinance2 7#c7 any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in 7or if the person is a corporation or other business entity1 does not maintain a place of business in7 the ,state in which the licensee's place of business is located1 except that this paragraph 7,a7 does not apply to the sale or delivery of any rifle or shotgun to a resident of a ,state other than a ,state in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer1 and the sale1 delivery1 and receipt fully comply with the legal conditions of sale in both such ,states 7and any licensed manufacturer1 importer or dealer shall be presumed1 for purposes of this subparagraph1 in the absence of evidence to the contrary1 to have had actual knowledge of the ,state laws and published ordinances of both ,states71 and 7,b7 does not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes2 7#d7 to any person any destructive device1 machinegun1 short-barreled shotgun1 or short-barreled rifle1 except as specifically authorized by the ,attorney ,general consistent with public safety and necessity2 and 7#e7 any firearm or armor-piercing ammunition to any person unless the licensee notes in his records1 required to be kept pursuant to section #ehc1 the name1 age1 and place of residence of such person if the person is an individual1 or the identity and principal and local places of business of such person if the person is a corporation or other business entity4 ,paragraphs 7#a71 7#b71 7#c71 and 7#d7 of this subsection does not apply to transactions between licensed importers1 licensed manufacturers1 licensed dealers1 and licensed collectors4 ,paragraph 7#d7 of this subsection does not apply to a sale or delivery to any research organization designated by the ,attorney ,general4 7c7 ,background check for persons not appearing in person ,in any case not otherwise prohibited by this chapter1 a licensed importer1 licensed manufacturer1 or licensed dealer may sell a firearm to a person who does not appear in person at the licensee's business premises 7other than another licensed importer1 manufacturer1 or dealer7 only if-- 7#a7 the transferee submits to the transferor a sworn statement in the following form3 ,subject to penalties provided by law1 ,i swear that1 in the case of any firearm other than a shotgun or a rifle1 ,i am twenty-one years or more of age1 or that1 in the case of a shotgun or a rifle1 ,i am eighteen years or more of age2 that ,i am not prohibited by the provisions of subchapter ,b of chapter #ba of title #ah1 ,united ,states ,code1 from receiving a firearm in interstate or foreign commerce2 and that my receipt of this firearm will not be in violation of any statute of the ,state and published ordinance applicable to the locality in which ,i reside4 ,further1 the true title1 name1 and address of the principal law enforcement officer of the locality to which the firearm will be delivered are -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- ,signature -- -- -- -- -- -- -- -- -- -- ,date -- -- -- --4 and containing blank spaces for the attachment of a true copy of any permit or other information required pursuant to such statute or published ordinance2 7#b7 the transferor has1 prior to the shipment or delivery of the firearm1 forwarded by registered or certified mail 7return receipt requested7 a copy of the sworn statement1 together with a description of the firearm1 in a form prescribed by the ,attorney ,general1 to the chief law enforcement officer of the transferee's place of residence1 and has received a return receipt evidencing delivery of the statement or has had the statement returned due to the refusal of the named addressee to accept such letter in accordance with ,united ,states ,post ,office ,department regulations2 and 7#c7 the transferor has delayed shipment or delivery for a period of at least seven days following receipt of the notification of the acceptance or refusal of delivery of the statement4 ,a copy of the sworn statement and a copy of the notification to the local law enforcement officer1 together with evidence of receipt or rejection of that notification shall be retained by the licensee as a part of the records required to be kept under section #ehc7;g74 7d7 ,sales and dispositions to prohibited classes of persons ,it shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person-- 7#a7 is under indictment for1 or has been convicted in any court of1 a crime punishable by imprisonment for a term exceeding one year2 7#b7 is a fugitive from justice2 7#c7 is an unlawful user of or addicted to any controlled substance2 7#d7 has been adjudicated as a mental defective or has been committed to any mental institution2 7#e7 is an alien and-- 7,a7 is illegally or unlawfully in the ,united ,states2 or 7,b7 except as provided in subsection 7y77#b71 has been admitted to the ,united ,states under a nonimmigrant visa 7as that term is defined in section #aja7;a77#bf7 of the ,immigration and ,nationality ,act72 7#f7 has been discharged from the ,armed ,forces under dishonorable conditions2 7#g7 was a citizen of the ,united ,states1 and has renounced that citizenship2 7#h7 is subject to a court order that restrains such person from harassing1 stalking1 or threatening an intimate partner of such person or child of such intimate partner or person1 or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child1 except that this paragraph shall only apply to a court order that-- 7,a7 was issued after a hearing of which such person received actual notice1 and at which such person had the opportunity to participate2 and 7,b7 7i7 includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child2 or 7ii7 by its terms explicitly prohibits the use1 attempted use1 or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury2 or 7#i7 has been convicted in any court of a misdemeanor crime of domestic violence4 ,this subsection does not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector who pursuant to subsection 7b7 of section #ehe is not precluded from dealing in firearms or ammunition1 or to a person who has been granted relief from disabilities pursuant to subsection 7c7 of section #ehe4 7e7 ,notice to carrier ,it shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce1 to persons other than licensed importers1 licensed manufacturers1 licensed dealers1 or licensed collectors1 any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped2 except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot1 captain1 conductor or operator of such common or contract carrier for the duration of the trip without violating this chapter4 ,no common or contract carrier shall require or cause any label1 tag1 or other written notice to be placed on the outside of any package1 luggage1 or other container that such package1 luggage1 or other container contains a firearm4 7f7 ,common or contract carrier offenses 7#a7 ,it shall be unlawful for any common or contract carrier to transport or deliver in interstate or foreign commerce any firearm or ammunition with knowledge or reasonable cause to believe that the shipment transportation1 or receipt thereof would be in violation of this subchapter4 7#b7 ,it shall be unlawful for any common or contract carrier to deliver in interstate or foreign commerce any firearm without obtaining written acknowledgement of receipt from the recipient of the package or other container in which there is a firearm4 7g7 ,prohibitions on firearm-,related activities by certain persons ,it shall be unlawful for any person-- 7#a7 who has been convicted in any court of1 a crime punishable by imprisonment for a term exceeding one year2 7#b7 who is a fugitive from justice2 7#c7 who is an unlawful user of or addicted to any controlled substance2 7#d7 who has been adjudicated as a mental defective or who has been committed to a mental institution2 7#e7 who1 being an alien-- 7,a7 is illegally or unlawfully in the ,united ,states2 or 7,b7 except as provided in subsection 7y77#b71 has been admitted to the ,united ,states under a nonimmigrant visa 7as that term is defined in section #aja7;a77#bf7 of the ,immigration and ,nationality ,act72 7#f7 who has been discharged from the ,armed ,forces under dishonorable conditions2 7#g7 who1 having been a citizen of the ,united ,states1 has renounced his citizenship2 7#h7 who is subject to a court order that-- 7,a7 was issued after a hearing of which such person received actual notice1 and at which such person had an opportunity to participate2 7,b7 restrains such person from harassing1 stalking1 or threatening an intimate partner of such person or child of such intimate partner or person1 or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child2 and 7,c7 7i7 includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child2 or 7ii7 by its terms explicitly prohibits the use1 attempted use1 or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury2 or 7#i7 who has been convicted in any court of a misdemeanor crime of domestic violence1 to ship or transport in interstate or foreign commerce1 or possess in or affecting commerce1 any firearm or ammunition2 or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce4 7h7 ,employee offense ,it shall be unlawful for any individual1 who to that individual's knowledge and while being employed for any person described in any paragraph of subsection 7g7 of this section1 in the course of such employment-- 7#a7 to receive1 possess1 or transport any firearm or ammunition in or affecting interstate or foreign commerce2 or 7#b7 to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce4 7i7 ,transport of stolen firearms and ammunition ,it shall be unlawful for any person to transport or ship in interstate or foreign commerce1 any stolen firearms or stolen ammunition1 knowing or having reasonable cause to believe that the firearm or ammunition was stolen4 7j7 ,possession and disposition of stolen firearms and ammunition ,it shall be unlawful for any person to receive1 possess1 conceal1 store1 barter1 sell1 or dispose of any stolen firearm or stolen ammunition1 or pledge or accept as security for a loan any stolen firearm or stolen ammunition1 which is moving as1 which is a part of1 which constitutes1 or which has been shipped or transported in1 interstate or foreign commerce1 either before or after it was stolen1 knowing or having reasonable cause to believe that the firearm or ammunition was stolen4 7k7 ,serial number offense ,it shall be unlawful for any person knowingly to transport1 ship1 or receive1 in interstate or foreign commerce1 any firearm which has had the importer's or manufacturer's serial number removed1 obliterated1 or altered or to possess or receive any firearm which has had the importer's or manufacturer's serial number removed1 obliterated1 or altered and has1 at any time1 been shipped or transported in interstate or foreign commerce4 7l7 ,importation ,except as provided in section #ehe7;d71 it shall be unlawful for any person knowingly to import or bring into the ,united ,states or any possession thereof any firearm or ammunition2 and it shall be unlawful for any person knowingly to receive any firearm or ammunition which has been imported or brought into the ,united ,states or any possession thereof in violation of this subchapter4 7m7 ,false entry ,it shall be unlawful for any licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector knowingly to make any false entry in1 to fail to make appropriate entry in1 or to fail to properly maintain1 any record which he is required to keep pursuant to section #ehc or regulations promulgated thereunder4 7n7 ,indicted persons ,it shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce4 7o7 ,transfer or possession of machineguns 7#a7 ,except as provided in paragraph 7#b71 it shall be unlawful for any person to transfer or possess a machinegun4 7#b7 ,this subsection does not apply with respect to-- 7,a7 a transfer to or by1 or possession by or under the authority of1 the ,united ,states or any department or agency thereof or a ,state1 or a department1 agency1 or political subdivision thereof2 or 7,b7 any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect4 7p7 ,nondetectable firearms 7#a7 ,it shall be unlawful for any person to manufacture1 import1 sell1 ship1 deliver1 possess1 transfer1 or receive any firearm-- 7,a7 that1 after removal of grips1 stocks1 and magazines1 is not as detectable as the ,security ,exemplar1 by walk-through metal detectors calibrated and operated to detect the ,security ,exemplar2 or 7,b7 any major component of which1 when subjected to inspection by the types of x-ray machines commonly used at airports1 does not generate an image that accurately depicts the shape of the component4 ,barium sulfate or other compounds may be used in the fabrication of the component4 7#b7 ,for purposes of this subsection-- 7,a7 the term firearm does not include the frame or receiver of any such weapon2 7,b7 the term major component means1 with respect to a firearm1 the barrel1 the slide or cylinder1 or the frame or receiver of the firearm2 and 7,c7 the term ,security ,exemplar means an object1 to be fabricated at the direction of the ,attorney ,general1 that is-- 7i7 constructed of1 during the #ab-month period beginning on the date of the enactment of this subsection1 #c4g ounces of material type #ag-d ,,ph stainless steel in a shape resembling a handgun2 and 7ii7 suitable for testing and calibrating metal detectors2 but1 at the close of such #ab-month period1 and at appropriate times thereafter the ,attorney ,general shall prescribe regulations to permit the manufacture1 importation1 sale1 shipment1 delivery1 possession1 transfer1 or receipt of firearms previously prohibited under this subparagraph that are as detectable as a ,security ,exemplar which contains #c4g ounces of material type #ag-d ,,ph stainless steel1 in a shape resembling a handgun1 or such lesser amount as is detectable in view of advances in state-of-the-art developments in weapons detection technology4 7#c7 ,under such rules and regulations as the ,attorney ,general shall prescribe1 this subsection does not apply to the manufacture1 possession1 transfer1 receipt1 shipment1 or delivery of a firearm by a licensed manufacturer or any person acting pursuant to a contract with a licensed manufacturer1 for the purpose of examining and testing such firearm to determine whether paragraph 7#a7 applies to such firearm4 ,the ,attorney ,general shall ensure that rules and regulations adopted pursuant to this paragraph do not impair the manufacture of prototype firearms or the development of new technology4 7#d7 ,the ,attorney ,general shall permit the conditional importation of a firearm by a licensed importer or licensed manufacturer1 for examination and testing to determine whether or not the unconditional importation of such firearm would violate this subsection4 7#e7 ,this subsection does not apply to any firearm which-- 7,a7 has been certified by the ,secretary of ,defense or the ,director of ,central ,intelligence1 after consultation with the ,attorney ,general and the ,administrator of the ,federal ,aviation ,administration1 as necessary for military or intelligence applications2 and 7,b7 is manufactured for and sold exclusively to military or intelligence agencies of the ,united ,states4 7#f7 ,this subsection does not apply with respect to any firearm manufactured in1 imported into1 or possessed in the ,united ,states before the date of the enactment of the ,undetectable ,firearms ,act of #aihh4 7q7 ,school zones 7#a7 ,the ,congress finds and declares that-- 7,a7 crime1 particularly crime involving drugs and guns1 is a pervasive1 nationwide problem2 7,b7 crime at the local level is exacerbated by the interstate movement of drugs1 guns1 and criminal gangs2 7,c7 firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools1 as documented in numerous hearings in both the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate2 7,d7 in fact1 even before the sale of a firearm1 the gun1 its component parts1 ammunition1 and the raw materials from which they are made have considerably moved in interstate commerce2 7,e7 while criminals freely move from ,state to ,state1 ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence1 and parents may decline to send their children to school for the same reason2 7,f7 the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country2 7,g7 this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the ,united ,states2 7,h7 ,states1 localities1 and school systems find it almost impossible to handle gun-related crime by themselves--even ,states1 localities1 and school systems that have made strong efforts to prevent1 detect1 and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other ,states or localities to take strong measures2 and 7,i7 the ,congress has the power1 under the interstate commerce clause and other provisions of the ,constitution1 to enact measures to ensure the integrity and safety of the ,nation's schools by enactment of this subsection4 7#b7 7,a7 ,it shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows1 or has reasonable cause to believe1 is a school zone4 7,b7 ,subparagraph 7,a7 does not apply to the possession of a firearm-- 7i7 on private property not part of school grounds2 7ii7 if the individual possessing the firearm is licensed to do so by the ,state in which the school zone is located or a political subdivision of the ,state1 and the law of the ,state or political subdivision requires that1 before an individual obtains such a license1 the law enforcement authorities of the ,state or political subdivision verify that the individual is qualified under law to receive the license2 7iii7 that is-- 7,i7 not loaded2 and 7,,ii7 in a locked container1 or a locked firearms rack that is on a motor vehicle2 7iv7 by an individual for use in a program approved by a school in the school zone2 7v7 by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual2 7vi7 by a law enforcement officer acting in his or her official capacity2 or 7vii7 that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting1 if the entry on school premises is authorized by school authorities4 7#c7 7,a7 ,except as provided in subparagraph 7,b71 it shall be unlawful for any person1 knowingly or with reckless disregard for the safety of another1 to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone4 7,b7 ,subparagraph 7,a7 does not apply to the discharge of a firearm-- 7i7 on private property not part of school grounds2 7ii7 as part of a program approved by a school in the school zone1 by an individual who is participating in the program2 7iii7 by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual2 or 7iv7 by a law enforcement officer acting in his or her official capacity4 7r7 ,importation of parts ,it shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section #ehe7;d77#c7 as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection does not apply to-- 7#a7 the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the ,united ,states or any department or agency thereof or to any ,state or any department1 agency1 or political subdivision thereof2 or 7#b7 the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the ,attorney ,general4 7s7 ,background check for handguns 7#a7 ,beginning on the date that is #ij days after the date of enactment of this subsection and ending on the day before the date that is #fj months after such date of enactment1 it shall be unlawful for any licensed importer1 licensed manufacturer1 or licensed dealer to sell1 deliver1 or transfer a handgun 7other than the return of a handgun to the person from whom it was received7 to an individual who is not licensed under section #ehc1 unless-- 7,a7 after the most recent proposal of such transfer by the transferee-- 7i7 the transferor has-- 7,i7 received from the transferee a statement of the transferee containing the information described in paragraph 7#c72 7,,ii7 verified the identity of the transferee by examining the identification document presented2 7,,iii7 within #a day after the transferee furnishes the statement1 provided notice of the contents of the statement to the chief law enforcement officer of the place of residence of the transferee2 and 7,,iv7 within #a day after the transferee furnishes the statement1 transmitted a copy of the statement to the chief law enforcement officer of the place of residence of the transferee2 and 7ii7 7,i7 #e business days 7meaning days on which ,state offices are open7 have elapsed from the date the transferor furnished notice of the contents of the statement to the chief law enforcement officer1 during which period the transferor has not received information from the chief law enforcement officer that receipt or possession of the handgun by the transferee would be in violation of ,federal1 ,state1 or local law2 or 7,,ii7 the transferor has received notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate ,federal1 ,state1 or local law2 7,b7 the transferee has presented to the transferor a written statement1 issued by the chief law enforcement officer of the place of residence of the transferee during the #aj-;day period ending on the date of the most recent proposal of such transfer by the transferee1 stating that the transferee requires access to a handgun because of a threat to the life of the transferee or of any member of the household of the transferee2 7,c7 7i7 the transferee has presented to the transferor a permit that-- 7,i7 allows the transferee to possess or acquire a handgun2 and 7,,ii7 was issued not more than #e years earlier by the ,state in which the transfer is to take place2 and 7ii7 the law of the ,state provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of the law2 7,d7 the law of the ,state requires that1 before any licensed importer1 licensed manufacturer1 or licensed dealer completes the transfer of a handgun to an individual who is not licensed under section #ehc1 an authorized government official verify that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law2 7,e7 the ,attorney ,general has approved the transfer under section #ehab of the ,internal ,revenue ,code of #aihf2 or 7,f7 on application of the transferor1 the ,attorney ,general has certified that compliance with subparagraph 7,a77i77,,iii7 is impracticable because-- 7i7 the ratio of the number of law enforcement officers of the ,state in which the transfer is to occur to the number of square miles of land area of the ,state does not exceed #j4jjbe2 7ii7 the business premises of the transferor at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer2 and 7iii7 there is an absence of telecommunications facilities in the geographical area in which the business premises are located4 7#b7 ,a chief law enforcement officer to whom a transferor has provided notice pursuant to paragraph 7#a77;,a77i77,,iii7 shall make a reasonable effort to ascertain within #e business days whether receipt or possession would be in violation of the law1 including research in whatever ,state and local recordkeeping systems are available and in a national system designated by the ,attorney ,general4 7#c7 ,the statement referred to in paragraph 7#a77;,a77i77,i7 shall contain only-- 7,a7 the name1 address1 and date of birth appearing on a valid identification document 7as defined in section #ghc7;d77#c77 of the transferee containing a photograph of the transferee and a description of the identification used2 7,b7 a statement that the transferee-- 7i7 is not under indictment for1 and has not been convicted in any court of1 a crime punishable by imprisonment for a term exceeding #a year1 and has not been convicted in any court of a misdemeanor crime of domestic violence2 7ii7 is not a fugitive from justice2 7iii7 is not an unlawful user of or addicted to any controlled substance2 7iv7 has not been adjudicated as a mental defective or been committed to a mental institution2 7v7 is not an alien who-- 7,i7 is illegally or unlawfully in the ,united ,states2 or 7,,ii7 subject to subsection 7y77#b71 has been admitted to the ,united ,states under a nonimmigrant visa 7as that term is defined in section #aja7;a77#bf7 of the ,immigration and ,nationality ,act72 7vi7 has not been discharged from the ,armed ,forces under dishonorable conditions2 and 7vii7 is not a person who1 having been a citizen of the ,united ,states1 has renounced such citizenship2 7,c7 the date the statement is made2 and 7,d7 notice that the transferee intends to obtain a handgun from the transferor4 7#d7 ,any transferor of a handgun who1 after such transfer1 receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates ,federal1 ,state1 or local law shall1 within #a business day after receipt of such request1 communicate any information related to the transfer that the transferor has about the transfer and the transferee to-- 7,a7 the chief law enforcement officer of the place of business of the transferor2 and 7,b7 the chief law enforcement officer of the place of residence of the transferee4 7#e7 ,any transferor who receives information1 not otherwise available to the public1 in a report under this subsection shall not disclose such information except to the transferee1 to law enforcement authorities1 or pursuant to the direction of a court of law4 7#f7 7,a7 ,any transferor who sells1 delivers1 or otherwise transfers a handgun to a transferee shall retain the copy of the statement of the transferee with respect to the handgun transaction1 and shall retain evidence that the transferor has complied with subclauses 7,,iii7 and 7,,iv7 of paragraph 7#a77;,a77i7 with respect to the statement4 7,b7 ,unless the chief law enforcement officer to whom a statement is transmitted under paragraph 7#a77;,a77i77,,iv7 determines that a transaction would violate ,federal1 ,state1 or local law-- 7i7 the officer shall1 within #bj business days after the date the transferee made the statement on the basis of which the notice was provided1 destroy the statement1 any record containing information derived from the statement1 and any record created as a result of the notice required by paragraph 7#a77;,a77i77,,iii72 7ii7 the information contained in the statement shall not be conveyed to any person except a person who has a need to know in order to carry out this subsection2 and 7iii7 the information contained in the statement shall not be used for any purpose other than to carry out this subsection4 7,c7 ,if a chief law enforcement officer determines that an individual is ineligible to receive a handgun and the individual requests the officer to provide the reason for such determination1 the officer shall provide such reasons to the individual in writing within #bj business days after receipt of the request4 7#g7 ,a chief law enforcement officer or other person responsible for providing criminal history background information pursuant to this subsection shall not be liable in an action at law for damages-- 7,a7 for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this section2 or 7,b7 for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun4 7#h7 ,for purposes of this subsection1 the term chief law enforcement officer means the chief of police1 the sheriff1 or an equivalent officer or the designee of any such individual4 7#i7 ,the ,attorney ,general shall take necessary actions to ensure that the provisions of this subsection are published and disseminated to licensed dealers1 law enforcement officials1 and the public4 7t7 ,instant background check 7#a7 ,beginning on the date that is #cj days after the ,attorney ,general notifies licensees under section #ajc7;d7 of the ,brady ,handgun ,violence ,prevention ,act that the national instant criminal background check system is established1 a licensed importer1 licensed manufacturer1 or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter1 unless-- 7,a7 before the completion of the transfer1 the licensee contacts the national instant criminal background check system established under section #ajc of that ,act2 7,b7 7i7 the system provides the licensee with a unique identification number2 or 7ii7 #c business days 7meaning a day on which ,state offices are open7 have elapsed since the licensee contacted the system1 and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection 7g7 or 7n7 of this section2 and 7,c7 the transferor has verified the identity of the transferee by examining a valid identification document 7as defined in section #ghc7;d77 of the transferee containing a photograph of the transferee4 7#b7 ,if receipt of a firearm would not violate subsection 7g7 or 7n7 or ,state law1 the system shall-- 7,a7 assign a unique identification number to the transfer2 7,b7 provide the licensee with the number2 and 7,c7 destroy all records of the system with respect to the call 7other than the identifying number and the date the number was assigned7 and all records of the system relating to the person or the transfer4 7#c7 ,paragraph 7#a7 does not apply to a firearm transfer between a licensee and another person if-- 7,a7 7i7 such other person has presented to the licensee a permit that-- 7,i7 allows such other person to possess or acquire a firearm2 and 7,,ii7 was issued not more than #e years earlier by the ,state in which the transfer is to take place2 and 7ii7 the law of the ,state provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law2 7,b7 the ,attorney ,general has approved the transfer under section #ehab of the ,internal ,revenue ,code of #aihf2 or 7,c7 on application of the transferor1 the ,attorney ,general has certified that compliance with paragraph 7#a77;,a7 is impracticable because-- 7i7 the ratio of the number of law enforcement officers of the ,state in which the transfer is to occur to the number of square miles of land area of the ,state does not exceed #j4jjbe2 7ii7 the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer 7as defined in subsection 7s77#h772 and 7iii7 there is an absence of telecommunications facilities in the geographical area in which the business premises are located4 7#d7 ,if the national instant criminal background check system notifies the licensee that the information available to the system does not demonstrate that the receipt of a firearm by such other person would violate subsection 7g7 or 7n7 or ,state law1 and the licensee transfers a firearm to such other person1 the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer4 7#e7 ,if the licensee knowingly transfers a firearm to such other person and knowingly fails to comply with paragraph 7#a7 of this subsection with respect to the transfer and1 at the time such other person most recently proposed the transfer1 the national instant criminal background check system was operating and information was available to the system demonstrating that receipt of a firearm by such other person would violate subsection 7g7 or 7n7 of this section or ,state law1 the ,attorney ,general may1 after notice and opportunity for a hearing1 suspend for not more than #f months or revoke any license issued to the licensee under section #ehc1 and may impose on the licensee a civil fine of not more than #e1jjj4 7#f7 ,neither a local government nor an employee of the ,federal ,government or of any ,state or local government1 responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages-- 7,a7 for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful under this section2 or 7,b7 for preventing such a sale or transfer to a person who may lawfully receive or possess a firearm4 7u7 ,theft ,it shall be unlawful for a person to steal or unlawfully take or carry away from the person or the premises of a person who is licensed to engage in the business of importing1 manufacturing1 or dealing in firearms1 any firearm in the licensee's business inventory that has been shipped or transported in interstate or foreign commerce4 7v7 ,transfers to juveniles 7#a7 ,it shall be unlawful for a person to sell1 deliver1 or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- 7,a7 a handgun2 or 7,b7 ammunition that is suitable for use only in a handgun4 7#b7 ,it shall be unlawful for any person who is a juvenile to knowingly possess-- 7,a7 a handgun2 or 7,b7 ammunition that is suitable for use only in a handgun4 7#c7 ,this subsection does not apply to-- 7,a7 a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile-- 7i7 in the course of employment1 in the course of ranching or farming related to activities at the residence of the juvenile 7or on property used for ranching or farming at which the juvenile1 with the permission of the property owner or lessee1 is performing activities related to the operation of the farm or ranch71 target practice1 hunting1 or a course of instruction in the safe and lawful use of a handgun2 7ii7 with the prior written consent of the juvenile's parent or guardian who is not prohibited by ,federal1 ,state1 or local law from possessing a firearm1 except-- 7,i7 during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause 7i7 is to take place and transportation by the juvenile of that handgun1 unloaded and in a locked container1 directly from the place at which such an activity took place to the transferor2 or 7,,ii7 with respect to ranching or farming activities as described in clause 7i71 a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by ,federal1 ,state or local law from possessing a firearm2 or 7iii7 the juvenile has the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile2 and 7iv7 in accordance with ,state and local law2 7,b7 a juvenile who is a member of the ,armed ,forces of the ,united ,states or the ,national ,guard who possesses or is armed with a handgun in the line of duty2 7,c7 a transfer by inheritance of title 7but not possession7 of a handgun or ammunition to a juvenile2 or 7,d7 the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest4 7#d7 ,a handgun or ammunition1 the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the ,government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile1 but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the ,government for the purposes of investigation or prosecution4 7#e7 ,for purposes of this subsection1 the term juvenile means a person who is less than #ah years of age4 7#f7 7,a7 ,in a prosecution of a violation of this subsection1 the court shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings4 7,b7 ,the court may use the contempt power to enforce subparagraph 7,a74 7,c7 ,the court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown4 7w7 ,provisions relating to aliens admitted under nonimmigrant visas 7#a7 ,definitions ,in this subsection-- 7,a7 the term alien has the same meaning as in section #aja7;a77#c7 of the ,immigration and ,nationality ,act2 and 7,b7 the term nonimmigrant visa has the same meaning as in section #aja7;a77#bf7 of the ,immigration and ,nationality ,act4 7#b7 ,exceptions ,subsections 7d77#e77;,b71 7g77#e77;,b71 and 7s77#c77;,b77v77,,ii7 do not apply to any alien who has been lawfully admitted to the ,united ,states under a nonimmigrant visa1 if that alien is-- 7,a7 admitted to the ,united ,states for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the ,united ,states2 7,b7 an official representative of a foreign government who is-- 7i7 accredited to the ,united ,states ,government or the ,government's mission to an international organization having its headquarters in the ,united ,states2 or 7ii7 en route to or from another country to which that alien is accredited2 7,c7 an official of a foreign government or a distinguished foreign visitor who has been so designated by the ,department of ,state2 or 7,d7 a foreign law enforcement officer of a friendly foreign government entering the ,united ,states on official law enforcement business4 7#c7 ,waiver 7,a7 ,conditions for waiver ,any individual who has been admitted to the ,united ,states under a nonimmigrant visa may receive a waiver from the requirements of subsection 7g77#e71 if-- 7i7 the individual submits to the ,attorney ,general a petition that meets the requirements of subparagraph 7,c72 and 7ii7 the ,attorney ,general approves the petition4 7,b7 ,petition ,each petition under subparagraph 7,b7 shall-- 7i7 demonstrate that the petitioner has resided in the ,united ,states for a continuous period of not less than #ahj days before the date on which the petition is submitted under this paragraph2 and 7ii7 include a written statement from the embassy or consulate of the petitioner1 authorizing the petitioner to acquire a firearm or ammunition and certifying that the alien would not1 absent the application of subsection 7g77#e77;,b71 otherwise be prohibited from such acquisition under subsection 7g74 7,c7 ,approval of petition ,the ,attorney ,general shall approve a petition submitted in accordance with this paragraph1 if the ,attorney ,general determines that waiving the requirements of subsection 7g77#e77;,b7 with respect to the petitioner-- 7i7 would be in the interests of justice2 and 7ii7 would not jeopardize the public safety4 7x7 ,secure gun storage or safety device 7#a7 ,in general ,except as provided under paragraph 7#b71 it shall be unlawful for any licensed importer1 licensed manufacturer1 or licensed dealer to sell1 deliver1 or transfer any handgun to any person other than any person licensed under this chapter1 unless the transferee is provided with a secure gun storage or safety device 7as defined in section #eha7bi77 for that handgun4 7#b7 ,exceptions ,paragraph 7#a7 does not apply to-- 7,a7 7i7 the manufacture for1 transfer to1 or possession by1 the ,united ,states1 a department or agency of the ,united ,states1 a ,state1 or a department1 agency1 or political subdivision of a ,state1 of a handgun2 or 7ii7 the transfer to1 or possession by1 a law enforcement officer employed by an entity referred to in clause 7i7 of a handgun for law enforcement purposes 7whether on or off duty72 or 7,b7 the transfer to1 or possession by1 a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a ,state of a handgun for purposes of law enforcement 7whether on or off duty72 7,c7 the transfer to any person of a handgun listed as a curio or relic by the ,secretary pursuant to section #eha7;a77#ac72 or 7,d7 the transfer to any person of a handgun for which a secure gun storage or safety device is temporarily unavailable for the reasons described in the exceptions stated in section #ibc7;e71 if the licensed manufacturer1 licensed importer1 or licensed dealer delivers to the transferee within #aj calendar days from the date of the delivery of the handgun to the transferee a secure gun storage or safety device for the handgun4 7#c7 ,liability for use 7,a7 ,in general ,notwithstanding any other provision of law1 a person who has lawful possession and control of a handgun1 and who uses a secure gun storage or safety device with the handgun1 shall be entitled to immunity from a qualified civil liability action4 7,b7 ,prospective actions ,a qualified civil liability action may not be brought in any ,federal or ,state court4 7,c7 ,defined term ,as used in this paragraph1 the term qualified civil liability action-- 7i7 means a civil action brought by any person against a person described in subparagraph 7,a7 for damages resulting from the criminal or unlawful misuse of the handgun by a third party1 if-- 7,i7 the handgun was accessed by another person who did not have the permission or authorization of the person having lawful possession and control of the handgun to have access to it2 and 7,,ii7 at the time access was gained by the person not so authorized1 the handgun had been made inoperable by use of a secure gun storage or safety device2 and 7ii7 does not include an action brought against the person having lawful possession and control of the handgun for negligent entrustment or negligence per se4 #ehc4 ,licensing 7a7 ,in general ,no person shall engage in the business of importing1 manufacturing1 or dealing in firearms1 or importing or manufacturing ammunition1 until he has filed an application with and received a license to do so from the ,attorney ,general4 ,the application shall be in such form and contain only that information necessary to determine eligibility for licensing as the ,attorney ,general shall by regulation prescribe and shall include a photograph and fingerprints of the applicant4 ,each applicant shall pay a fee for obtaining such a license1 a separate fee being required for each place in which the applicant is to do business1 as follows3 7#a7 ,if the applicant is a manufacturer-- 7,a7 of destructive devices1 ammunition for destructive devices or armor piercing ammunition1 a fee of #a1jjj per year2 7,b7 of firearms other than destructive devices1 a fee of #ej per year2 or 7,c7 of ammunition for firearms1 other than ammunition for destructive devices or armor piercing ammunition1 a fee of #aj per year4 7#b7 ,if the applicant is an importer-- 7,a7 of destructive devices1 ammunition for destructive devices or armor piercing ammunition1 a fee of #a1jjj per year2 or 7,b7 of firearms other than destructive devices or ammunition for firearms other than destructive devices1 or ammunition other than armor piercing ammunition1 a fee of #ej per year4 7#c7 ,if the applicant is a dealer-- 7,a7 in destructive devices or ammunition for destructive devices1 a fee of #a1jjj per year2 or 7,b7 who is not a dealer in destructive devices1 a fee of #bjj for #c years1 except that the fee for renewal of a valid license shall be #ij for #c years4 7b7 ,collectors ,any person desiring to be licensed as a collector shall file an application for such license with the ,attorney ,general4 ,the application shall be in such form and contain only that information necessary to determine eligibility as the ,attorney ,general shall by regulation prescribe4 ,the fee for such license shall be #aj per year4 ,any license granted under this subsection shall only apply to transactions in curios and relics4 7c7 ,issuance ,upon the filing of a proper application and payment of the prescribed fee1 the ,attorney ,general shall issue to a qualified applicant the appropriate license which1 subject to this chapter and other applicable provisions of law1 shall entitle the licensee to transport1 ship1 and receive firearms and ammunition covered by such license in interstate or foreign commerce during the period stated in the license4 ,nothing in this chapter shall be construed to prohibit a licensed manufacturer1 importer1 or dealer from maintaining and disposing of a personal collection of firearms1 subject only to such restrictions as apply in this chapter to dispositions by a person other than a licensed manufacturer1 importer1 or dealer4 ,if any firearm is so disposed of by a licensee within one year after its transfer from his business inventory into such licensee's personal collection or if such disposition or any other acquisition is made for the purpose of willfully evading the restrictions placed upon licensees by this chapter1 then such firearm shall be deemed part of such licensee's business inventory1 except that any licensed manufacturer1 importer1 or dealer who has maintained a firearm as part of a personal collection for one year and who sells or otherwise disposes of such firearm shall record the description of the firearm in a bound volume1 containing the name and place of residence and date of birth of the transferee if the transferee is an individual1 or the identity and principal and local places of business of the transferee if the transferee is a corporation or other business entity1 but no other recordkeeping shall be required4 7d7 ,requirements for granting 7#a7 ,any application submitted under subsection 7a7 or 7b7 of this section shall be approved if-- 7,a7 the applicant is twenty-one years of age or over2 7,b7 the applicant 7including1 in the case of a corporation1 partnership1 or association1 any individual possessing1 directly or indirectly1 the power to direct or cause the direction of the management and policies of the corporation1 partnership1 or association7 is not prohibited from transporting1 shipping1 or receiving firearms or ammunition in interstate or foreign commerce under section #ehb7;g7 and 7n72 7,c7 the applicant has not willfully violated any of the provisions of this subchapter or regulations issued thereunder2 7,d7 the applicant has not willfully failed to disclose any material information required1 or has not made any false statement as to any material fact1 in connection with his application2 7,e7 the applicant has in a ,state 7i7 premises from which he conducts business subject to license under this chapter or from which he intends to conduct such business within a reasonable period of time1 or 7ii7 in the case of a collector1 premises from which he conducts his collecting subject to license under this chapter or from which he intends to conduct such collecting within a reasonable period of time2 7,f7 the applicant certifies that-- 7i7 the business to be conducted under the license is not prohibited by ,state or local law in the place where the licensed premise is located2 7ii7 7,i7 within #cj days after the application is approved the business will comply with the requirements of ,state and local law applicable to the conduct of the business2 and 7,,ii7 the business will not be conducted under the license until the requirements of ,state and local law applicable to the business have been met2 and 7iii7 that the applicant has sent or delivered a form to be prescribed by the ,attorney ,general1 to the chief law enforcement officer of the locality in which the premises are located1 which indicates that the applicant intends to apply for a ,federal firearms license2 and 7,g7 in the case of an application to be licensed as a dealer1 the applicant certifies that secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees 7subject to the exception that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft1 casualty loss1 consumer sales1 backorders from a manufacturer1 or any other similar reason beyond the control of the licensee1 the dealer shall not be considered to be in violation of the requirement under this subparagraph to make available such a device74 7#b7 ,the ,attorney ,general must approve or deny an application for a license within the #fj-;day period beginning on the date it is received4 ,if the ,attorney ,general fails to act within such period1 the applicant may file an action under section #acfa of title #bh to compel the ,attorney ,general to act4 ,if the ,attorney ,general approves an applicant's application1 such applicant shall be issued a license upon the payment of the prescribed fee4 7e7 ,revocation ,the ,attorney ,general may1 after notice and opportunity for hearing1 revoke any license issued under this section if the holder of such license has willfully violated any provision of this subchapter or any rule or regulation prescribed by the ,attorney ,general under this chapter or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees 7except that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft1 casualty loss1 consumer sales1 backorders from a manufacturer1 or any other similar reason beyond the control of the licensee1 the dealer shall not be considered to be in violation of the requirement to make available such a device74 ,the ,attorney ,general may1 after notice and opportunity for hearing1 revoke the license of a dealer who willfully transfers armor piercing ammunition4 ,the ,attorney ,general's action under this subsection may be reviewed only as provided in subsection 7f7 of this section4 7f7 ,adverse actions 7#a7 ,any person whose application for a license is denied and any holder of a license which is revoked shall receive a written notice from the ,attorney ,general stating specifically the grounds upon which the application was denied or upon which the license was revoked4 ,any notice of a revocation of a license shall be given to the holder of such license before the effective date of the revocation4 7#b7 ,if the ,attorney ,general denies an application for1 or revokes1 a license1 he shall1 upon request by the aggrieved party1 promptly hold a hearing to review his denial or revocation4 ,in the case of a revocation of a license1 the ,attorney ,general shall upon the request of the holder of the license stay the effective date of the revocation4 ,a hearing held under this paragraph shall be held at a location convenient to the aggrieved party4 7#c7 ,if after a hearing held under paragraph 7#b7 the ,attorney ,general decides not to reverse his decision to deny an application or revoke a license1 the ,attorney ,general shall give notice of his decision to the aggrieved party4 ,the aggrieved party may at any time within sixty days after the date notice was given under this paragraph file a petition with the ,united ,states district court for the district in which he resides or has his principal place of business for a de novo judicial review of such denial or revocation4 ,in a proceeding conducted under this subsection1 the court may consider any evidence submitted by the parties to the proceeding whether or not such evidence was considered at the hearing held under paragraph 7#b74 ,if the court decides that the ,attorney ,general was not authorized to deny the application or to revoke the license1 the court shall order the ,attorney ,general to take such action as may be necessary to comply with the judgment of the court4 7#d7 ,if criminal proceedings are instituted against a licensee alleging any violation of this subchapter or of rules or regulations prescribed under this subchapter1 and the licensee is acquitted of such charges1 or such proceedings are terminated1 other than upon motion of the ,government before trial upon such charges1 the ,attorney ,general shall be absolutely barred from denying or revoking any license granted under this chapter where such denial or revocation is based in whole or in part on the facts which form the basis of such criminal charges4 ,no proceedings for the revocation of a license shall be instituted by the ,attorney ,general more than one year after the filing of the indictment or information4 7g7 ,recordkeeping 7#a7 7,a7 ,each licensed importer1 licensed manufacturer1 and licensed dealer shall maintain such records of importation1 production1 shipment1 receipt1 sale1 or other disposition of firearms at his place of business for such period1 and in such form1 as the ,attorney ,general may by regulations prescribe4 ,such importers1 manufacturers1 and dealers shall not be required to submit to the ,attorney ,general reports and information with respect to such records and the contents thereof1 except as expressly required by this section4 ,the ,attorney ,general1 when he has reasonable cause to believe a violation of this subchapter has occurred and that evidence thereof may be found on such premises1 may1 upon demonstrating such cause before a ,federal magistrate judge and securing from such magistrate judge a warrant authorizing entry1 enter during business hours the premises 7including places of storage7 of any licensed firearms importer1 licensed manufacturer1 licensed dealer1 licensed collector1 or any licensed importer or manufacturer of ammunition1 for the purpose of inspecting or examining-- 7i7 any records or documents required to be kept by such licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector under this chapter or rules or regulations under this chapter1 and 7ii7 any firearms or ammunition kept or stored by such licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector1 at such premises4 7,b7 ,the ,attorney ,general may inspect or examine the inventory and records of a licensed importer1 licensed manufacturer1 or licensed dealer without such reasonable cause or warrant-- 7i7 in the course of a reasonable inquiry during the course of a criminal investigation of a person or persons other than the licensee2 7ii7 for ensuring compliance with the record keeping requirements of this subchapter-- 7,i7 not more than once during any #ab-month period2 or 7,,ii7 at any time with respect to records relating to a firearm involved in a criminal investigation that is traced to the licensee2 or 7iii7 when such inspection or examination may be required for determining the disposition of one or more particular firearms in the course of a bona fide criminal investigation4 7,c7 ,the ,attorney ,general may inspect the inventory and records of a licensed collector without such reasonable cause or warrant-- 7i7 for ensuring compliance with the record keeping requirements of this subchapter not more than once during any twelve-month period2 or 7ii7 when such inspection or examination may be required for determining the disposition of one or more particular firearms in the course of a bona fide criminal investigation4 7,d7 ,at the election of a licensed collector1 the annual inspection of records and inventory permitted under this paragraph shall be performed at the office of the ,attorney ,general designated for such inspections which is located in closest proximity to the premises where the inventory and records of such licensed collector are maintained4 ,the inspection and examination authorized by this paragraph shall not be construed as authorizing the ,attorney ,general to seize any records or other documents other than those records or documents constituting material evidence of a violation of law4 ,if the ,attorney ,general seizes such records or documents1 copies shall be provided the licensee within a reasonable time4 ,the ,attorney ,general may make available to any ,federal1 ,state1 or local law enforcement agency any information which he may obtain by reason of this subchapter with respect to the identification of persons prohibited from purchasing or receiving firearms or ammunition who have purchased or received firearms or ammunition1 together with a description of such firearms or ammunition1 and he may provide information to the extent such information may be contained in the records required to be maintained by this chapter1 when so requested by any ,federal1 ,state1 or local law enforcement agency4 7#b7 ,each licensed collector shall maintain in a bound volume the nature of which the ,attorney ,general may by regulations prescribe1 records of the receipt1 sale1 or other disposition of firearms4 ,such records shall include the name and address of any person to whom the collector sells or otherwise disposes of a firearm4 ,such collector shall not be required to submit to the ,attorney ,general reports and information with respect to such records and the contents thereof1 except as expressly required by this section4 7#c7 7,a7 ,each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of1 at one time or during any five consecutive business days1 two or more pistols1 or revolvers1 or any combination of pistols and revolvers totalling two or more1 to an unlicensed person4 ,the report shall be prepared on a form specified by the ,attorney ,general and forwarded to the office specified thereon and to the department of ,state police or ,state law enforcement agency of the ,state or local law enforcement agency of the local jurisdiction in which the sale or other disposition took place1 not later than the close of business on the day that the multiple sale or other disposition occurs4 7,b7 ,except in the case of forms and contents thereof regarding a purchaser who is prohibited by subsection 7g7 or 7n7 of section #ehb from receipt of a firearm1 the department of ,state police or ,state law enforcement agency or local law enforcement agency of the local jurisdiction shall not disclose any such form or the contents thereof to any person or entity1 and shall destroy each such form and any record of the contents thereof no more than #bj days from the date such form is received4 ,no later than the date that is #f months after the effective date of this subparagraph1 and at the end of each #f-month period thereafter1 the department of ,state police or ,state law enforcement agency or local law enforcement agency of the local jurisdiction shall certify to the ,attorney ,general of the ,united ,states that no disclosure contrary to this subparagraph has been made and that all forms and any record of the contents thereof have been destroyed as provided in this subparagraph4 7#d7 ,where a firearms or ammunition business is discontinued and succeeded by a new licensee1 the records required to be kept by this chapter shall appropriately reflect such facts and shall be delivered to the successor4 ,where discontinuance of the business is absolute1 such records shall be delivered within thirty days after the business discontinuance to the ,attorney ,general4 ,however1 where ,state law or local ordinance requires the delivery of records to other responsible authority1 the ,attorney ,general may arrange for the delivery of such records to such other responsible authority4 7#e7 7,a7 ,each licensee shall1 when required by letter issued by the ,attorney ,general1 and until notified to the contrary in writing by the ,attorney ,general1 submit on a form specified by the ,attorney ,general1 for periods and at the times specified in such letter1 all record information required to be kept by this chapter or such lesser record information as the ,attorney ,general in such letter may specify4 7,b7 ,the ,attorney ,general may authorize such record information to be submitted in a manner other than that prescribed in subparagraph 7,a7 of this paragraph when it is shown by a licensee that an alternate method of reporting is reasonably necessary and will not unduly hinder the effective administration of this subchapter4 ,a licensee may use an alternate method of reporting if the licensee describes the proposed alternate method of reporting and the need therefor in a letter application submitted to the ,attorney ,general1 and the ,attorney ,general approves such alternate method of reporting4 7#f7 ,each licensee shall report the theft or loss of a firearm from the licensee's inventory or collection1 within #dh hours after the theft or loss is discovered1 to the ,attorney ,general and to the appropriate local authorities4 7#g7 ,each licensee shall respond immediately to1 and in no event later than #bd hours after the receipt of1 a request by the ,attorney ,general for information contained in the records required to be kept by this chapter as may be required for determining the disposition of #a or more firearms in the course of a bona fide criminal investigation4 ,the requested information shall be provided orally or in writing1 as the ,attorney ,general may require4 ,the ,attorney ,general shall implement a system whereby the licensee can positively identify and establish that an individual requesting information via telephone is employed by and authorized by the agency to request such information4 7h7 ,posting ,licenses issued under subsection 7c7 of this section shall be kept posted and kept available for inspection on the premises covered by the license4 7i7 ,serial numbers ,licensed importers and licensed manufacturers shall identify by means of a serial number engraved or cast on the receiver or frame of the weapon1 in such manner as the ,attorney ,general shall by regulations prescribe1 each firearm imported or manufactured by such importer or manufacturer4 7j7 ,temporary locations ,a licensed importer1 licensed manufacturer1 or licensed dealer may1 under rules or regulations prescribed by the ,attorney ,general1 conduct business temporarily at a location other than the location specified on the license if such temporary location is the location for a gun show or event sponsored by any national1 ,state1 or local organization1 or any affiliate of any such organization devoted to the collection1 competitive use1 or other sporting use of firearms in the community1 and such location is in the ,state which is specified on the license4 ,records of receipt and disposition of firearms transactions conducted at such temporary location shall include the location of the sale or other disposition and shall be entered in the permanent records of the licensee and retained on the location specified on the license4 ,nothing in this subsection shall authorize any licensee to conduct business in or from any motorized or towed vehicle4 ,notwithstanding subsection 7a7 of this section1 a separate fee shall not be required of a licensee with respect to business conducted under this subsection4 ,any inspection or examination of inventory or records under this chapter by the ,attorney ,general at such temporary location shall be limited to inventory consisting of1 or records relating to1 firearms held or disposed at such temporary location4 ,nothing in this subsection shall be construed to authorize the ,attorney ,general to inspect or examine the inventory or records of a licensed importer1 licensed manufacturer1 or licensed dealer at any location other than the location specified on the license4 ,nothing in this subsection shall be construed to diminish in any manner any right to display1 sell1 or otherwise dispose of firearms or ammunition1 which is in effect before the date of the enactment of the ,firearms ,owners' ,protection ,act1 including the right of a licensee to conduct curios or relics firearms transfers and business away from their business premises with another licensee without regard as to whether the location of where the business is conducted is located in the ,state specified on the license of either licensee4 7k7 ,marking of armor piercing projectiles and packages ,licensed importers and licensed manufacturers shall mark all armor piercing projectiles and packages containing such projectiles for distribution in the manner prescribed by the ,attorney ,general by regulation4 ,the ,attorney ,general shall furnish information to each dealer licensed under this chapter defining which projectiles are considered armor piercing ammunition4 7l7 ,notification ,the ,attorney ,general shall notify the chief law enforcement officer in the appropriate ,state and local jurisdictions of the names and addresses of all persons in the ,state to whom a firearms license is issued4 #ehd4 ,penalties 7a7 ,in general 7#a7 ,except as otherwise provided in this subsection1 subsection 7b71 7c71 7f71 or 7p7 of this section1 or in section #eib1 whoever-- 7,a7 knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under this chapter2 7,b7 knowingly violates subsection 7a77#d71 7f71 7k71 or 7q7 of section #ehb2 7,c7 knowingly imports or brings into the ,united ,states or any possession thereof any firearm or ammunition in violation of section #ehb7l72 or 7,d7 knowingly violates any other provision of this subchapter1 shall be imprisoned not more than five years4 7#b7 ,whoever knowingly violates subsection 7a77#f71 7d71 7g71 7h71 7i71 7j71 or 7o7 of section #ehb shall be imprisoned not more than #aj years4 7#c7 ,any licensed dealer1 licensed importer1 licensed manufacturer1 or licensed collector who knowingly-- 7,a7 makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter1 or 7,b7 violates subsection 7m7 of section #ehb1 shall be imprisoned not more than one year4 7#d7 ,whoever violates section #ehb7q7 shall be imprisoned for not more than #e years4 ,notwithstanding any other provision of law1 the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law4 ,except for the authorization of a term of imprisonment of not more than #e years made in this paragraph1 for the purpose of any other law a violation of section #ehb7q7 shall be deemed to be a misdemeanor4 7#e7 ,whoever knowingly violates subsection 7s7 or 7t7 of section #ehb shall be imprisoned for not more than #a year4 7#f7 7,a7 7i7 ,a juvenile who violates section #ehb7x7 shall be imprisoned not more than #a year1 except that a juvenile described in clause 7ii7 shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation4 7ii7 ,a juvenile is described in this clause if-- 7,i7 the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section #ehb7x77#b72 and 7,,ii7 the juvenile has not been convicted in any court of an offense 7including an offense under section #ehb7x7 or a similar ,state law1 but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense7 or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense4 7,b7 ,a person other than a juvenile who knowingly violates section #ehb7x7-- 7i7 shall be imprisoned not more than #a year2 and 7ii7 if the person sold1 delivered1 or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence1 shall be imprisoned not more than #aj years4 7#g7 ,whoever knowingly violates section #eid shall be imprisoned not more than #c years4 7b7 ,transport with intent ,whoever1 with intent to commit therewith an offense punishable by imprisonment for a term exceeding one year1 or with knowledge or reasonable cause to believe that an offense punishable by imprisonment for a term exceeding one year is to be committed therewith1 ships1 transports1 or receives a firearm or any ammunition in interstate or foreign commerce shall be imprisoned not more than ten years4 7c7 ,minimum mandatory penalties 7#a7 7,a7 ,except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law1 whoever1 during and in relation to any crime of violence or drug trafficking crime 7including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device7 for which the person may be prosecuted in a court of the ,united ,states1 uses or carries a firearm1 or who1 in furtherance of any such crime1 possesses a firearm1 shall1 in addition to the punishment provided for such crime of violence or drug trafficking crime-- 7i7 be sentenced to a term of imprisonment of not less than #e years2 7ii7 if the firearm is brandished1 be sentenced to a term of imprisonment of not less than #g years2 and 7iii7 if the firearm is discharged1 be sentenced to a term of imprisonment of not less than #aj years4 7,b7 ,if the firearm possessed by a person convicted of a violation of this subsection-- 7i7 is a short-barreled rifle1 short-barreled shotgun1 or semiautomatic assault weapon1 the person shall be sentenced to a term of imprisonment of not less than #aj years2 or 7ii7 is a machinegun or a destructive device1 or is equipped with a firearm silencer or firearm muffler1 the person shall be sentenced to a term of imprisonment of not less than #cj years4 7,c7 ,in the case of a second or subsequent conviction under this subsection1 the person shall-- 7i7 be sentenced to a term of imprisonment of not less than #be years2 and 7ii7 if the firearm involved is a machinegun or a destructive device1 or is equipped with a firearm silencer or firearm muffler1 be sentenced to imprisonment for life4 7,d7 ,notwithstanding any other provision of law-- 7i7 a court shall not place on probation any person convicted of a violation of this subsection2 and 7ii7 no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person1 including any term of imprisonment imposed for the crime of violence or drug trafficking crime during which the firearm was used1 carried1 or possessed4 7#b7 ,for purposes of this subsection1 the term drug trafficking crime means any felony punishable under chapter #ag of this title or chapter #gje of title #df4 7#c7 ,for purposes of this subsection the term crime of violence means an offense that is a felony and-- 7,a7 has as an element the use1 attempted use1 or threatened use of physical force against the person or property of another1 or 7,b7 that by its nature1 involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense4 7#d7 ,for purposes of this subsection1 the term brandish means1 with respect to a firearm1 to display all or part of the firearm1 or otherwise make the presence of the firearm known to another person1 in order to intimidate that person1 regardless of whether the firearm is directly visible to that person4 7#e7 ,except to the extent that a greater minimum sentence is otherwise provided under this subsection1 or by any other provision of law1 whoever1 during and in relation to any crime of violence or drug trafficking crime 7including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device7 for which the person may be prosecuted in a court of the ,united ,states1 uses or carries armor piercing ammunition1 or who1 in furtherance of any such crime1 possesses armor piercing ammunition1 shall1 in addition to the punishment provided for such crime of violence or drug trafficking crime or conviction under this section-- 7,a7 be sentenced to a term of imprisonment of not less than #ae years2 and 7,b7 if death results from the use of such ammunition be punished as provided in section #aja4 7d7 ,forfeiture 7#a7 ,any firearm or ammunition involved in or used in any knowing violation of subsection 7a77#d71 7a77#f71 7f71 7g71 7h71 7i71 7j71 or 7k7 of section #ehb1 or knowing importation or bringing into the ,united ,states or any possession thereof any firearm or ammunition in violation of section #ehb7l71 or knowing violation of section #ehd1 or willful violation of any other provision of this subchapter or any rule or regulation promulgated thereunder1 or any violation of any other criminal law of the ,united ,states1 or any firearm or ammunition intended to be used in any offense referred to in paragraph 7#c7 of this subsection1 where such intent is demonstrated by clear and convincing evidence1 shall be subject to seizure and forfeiture1 and all provisions of the ,internal ,revenue ,code of #aihf relating to the seizure1 forfeiture1 and disposition of firearms1 as defined in section #ehde7;a7 of that ,code1 shall1 so far as applicable1 extend to seizures and forfeitures under this subchapter1 but upon acquittal of the owner or possessor1 or dismissal of the charges against that defendant other than upon motion of the ,government prior to trial1 or lapse of or court termination of the restraining order to which he is subject1 the seized or relinquished firearms or ammunition shall be returned forthwith to the owner or possessor or to a person delegated by the owner or possessor unless the return of the firearms or ammunition would place the owner or possessor or his delegate in violation of law4 ,any action or proceeding for the forfeiture of firearms or ammunition shall be commenced within one hundred and twenty days of such seizure4 7#b7 7,a7 ,in any action or proceeding for the return of firearms or ammunition seized under this chapter1 the court shall allow the prevailing party1 other than the ,united ,states1 a reasonable attorney's fee1 and the ,united ,states shall be liable therefor4 7,b7 ,in any other action or proceeding under this chapter1 the court1 when it finds that such action was without foundation1 or was initiated vexatiously1 frivolously1 or in bad faith1 shall allow the prevailing party1 other than the ,united ,states1 a reasonable attorney's fee1 and the ,united ,states shall be liable therefor4 7,c7 ,only those firearms or quantities of ammunition particularly named and individually identified as involved in or used in any violation of this subchapter or any rule or regulation issued thereunder1 or any other criminal law of the ,united ,states or as intended to be used in any offense referred to in paragraph 7#c7 of this subsection1 where such intent is demonstrated by clear and convincing evidence1 shall be subject to seizure1 forfeiture1 and disposition4 7,d7 ,the ,united ,states shall be liable for attorneys' fees under this paragraph only to the extent provided in advance by appropriation ,acts4 7#c7 ,the offenses referred to in paragraphs 7#a7 and 7#b77;,c7 of this subsection are-- 7,a7 any crime of violence1 as that term is defined in section #ehd7;c77#c72 7,b7 any offense punishable under chapter #ag2 7,c7 any offense described in section #ehb7;a77#a71 #ehb7;a77#c71 #ehb7;a77#e71 or #ehb7;b77#c71 where the firearm or ammunition intended to be used in any such offense is involved in a pattern of activities which includes a violation of any offense described in section #ehb7;a77#a71 #ehb7;a77#c71 #ehb7;a77#e71 or #ehb7;b77#c72 7,d7 any offense described in section #ehb7;d7 where the firearm or ammunition is intended to be used in such offense by the transferor of such firearm or ammunition2 7,e7 any offense described in section #ehb7;i71 #ehb7;j71 #ehb7l71 #ehb7n71 or #ehd7;b72 and 7,f7 any offense which may be prosecuted in a court of the ,united ,states which involves the exportation of firearms or ammunition4 7e7 ,minimum mandatory for certain offenses 7#a7 ,in the case of a person who violates section #ehb7;g7 and has three previous convictions by any court referred to in section #ehb7;g77#a7 for a violent felony or a serious drug offense1 or both1 committed on occasions different from one another1 such person shall be imprisoned not less than fifteen years1 and1 notwithstanding any other provision of law1 the court shall not suspend the sentence of1 or grant a probationary sentence to1 such person with respect to the conviction under section #ehb7;g74 7#b7 ,as used in this subsection-- 7,a7 the term serious drug offense means-- 7i7 an offense under chapter #ag or the ,maritime ,drug ,law ,enforcement ,act for which a maximum term of imprisonment of ten years or more is prescribed by law2 or 7ii7 an offense under ,state law1 involving manufacturing1 distributing1 or possessing with intent to manufacture or distribute1 a controlled substance1 for which a maximum term of imprisonment of ten years or more is prescribed by law2 7,b7 the term violent felony means any crime punishable by imprisonment for a term exceeding one year1 or any act of juvenile delinquency involving the use or carrying of a firearm1 knife1 or destructive device that would be punishable by imprisonment for such term if committed by an adult1 that-- 7i7 has as an element the use1 attempted use1 or threatened use of physical force against the person of another2 or 7ii7 is burglary1 arson1 or extortion1 involves use of explosives1 or otherwise involves conduct that presents a serious potential risk of physical injury to another2 and 7,c7 the term conviction includes a finding that a person has committed an act of juvenile delinquency involving a violent felony4 7f7 #ehb7p7 violations ,in the case of a person who knowingly violates section #ehb7p71 such person shall be or imprisoned not more than #e years4 7g7 ,travel with intent ,whoever1 with the intent to engage in conduct which-- 7#a7 constitutes an offense listed in section #eaa7a71 7#b7 is punishable under chapter #ag or the ,maritime ,drug ,law ,enforcement ,act1 7#c7 violates any ,state law relating to any controlled substance1 or 7#d7 constitutes a crime of violence 7as defined in subsection 7c77#c771 travels from any ,state or foreign country into any other ,state and acquires1 transfers1 or attempts to acquire or transfer1 a firearm in such other ,state in furtherance of such purpose1 shall be imprisoned not more than #aj years4 7h7 ,transfer with knowledge ,whoever knowingly transfers a firearm1 knowing that such firearm will be used to commit a crime of violence 7as defined in subsection 7c77#c77 or drug trafficking crime 7as defined in subsection 7c77#b77 shall be imprisoned not more than #aj years4 7i7 #ehb7u7 violations 7#a7 ,a person who knowingly violates section #ehb7u7 shall be imprisoned not more than #aj years4 7#b7 ,nothing contained in this subsection shall be construed as indicating an intent on the part of ,congress to occupy the field in which provisions of this subsection operate to the exclusion of ,state laws on the same subject matter1 nor shall any provision of this subsection be construed as invalidating any provision of ,state law unless such provision is inconsistent with any of the purposes of this subsection4 7j7 ,causing death ,a person who1 in the course of a violation of subsection 7c71 causes the death of a person through the use of a firearm1 shall-- 7#a7 if the killing is a murder 7as defined in section #aja71 be punished by death or by imprisonment for any term of years or for life2 and 7#b7 if the killing is manslaughter 7as defined in section #aja71 be punished as provided in section #ajd4 7k7 ,drug-,related offenses ,a person who1 with intent to engage in or to promote conduct that-- 7#a7 is punishable under chapter #ag or the ,maritime ,drug ,law ,enforcement ,act2 7#b7 violates any law of a ,state relating to any controlled substance2 or 7#c7 constitutes a crime of violence 7as defined in subsection 7c77#c771 smuggles or knowingly brings into the ,united ,states a firearm1 or attempts to do so1 shall be imprisoned not more than #aj years4 7l7 ,theft of firearms related to commerce ,a person who steals any firearm which is moving as1 or is a part of1 or which has moved in1 interstate or foreign commerce shall be imprisoned for not more than #aj years4 7m7 ,theft of firearms from licensees ,a person who steals any firearm from a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector shall be imprisoned not more than #aj years4 7n7 ,travel with intent ,a person who1 with the intent to engage in conduct that constitutes a violation of section #ehb7;a77#a77;,a71 travels from any ,state or foreign country into any other ,state and acquires1 or attempts to acquire1 a firearm in such other ,state in furtherance of such purpose shall be imprisoned for not more than #aj years4 7o7 ,conspiracy ,a person who conspires to commit an offense under subsection 7c7 shall be imprisoned for not more than #bj years2 and if the firearm is a machinegun or destructive device1 or is equipped with a firearm silencer or muffler1 shall be imprisoned for any term of years or life4 7p7 ,penalties relating to secure gun storage or safety device 7#a7 ,in general 7,a7 ,suspension or revocation of license2 civil penalties ,with respect to each violation of section #ehb7x77#a7 by a licensed manufacturer1 licensed importer1 or licensed dealer1 the ,secretary may1 after notice and opportunity for hearing-- 7i7 suspend for not more than #f months1 or revoke1 the license issued to the licensee under this chapter that was used to conduct the firearms transfer2 or 7ii7 subject the licensee to a civil penalty in an amount equal to not more than #b1ejj4 7,b7 ,review ,an action of the ,secretary under this paragraph may be reviewed only as provided under section #ehc7;f74 7#b7 ,administrative remedies ,the suspension or revocation of a license or the imposition of a civil penalty under paragraph 7#a7 does not preclude any administrative remedy that is otherwise available to the ,secretary4 #ehe4 ,exceptions2 relief from disabilities 7a7 7#a7 ,to ,united ,states agencies ,this chapter1 except sections #ehb7;d77#i7 and #ehb7;g77#i7 and provisions relating to firearms subject to the prohibitions of section #ehb7p71 does not apply with respect to the transportation1 shipment1 receipt1 possession1 or importation of any firearm or ammunition imported for1 sold or shipped to1 or issued for the use of1 the ,united ,states or any department or agency thereof or any ,state or any department1 agency1 or political subdivision thereof4 7#b7 ,this chapter1 except for provisions relating to firearms subject to the prohibitions of section #ehb7p71 does not apply with respect to 7,a7 the shipment or receipt of firearms or ammunition when sold or issued by the ,secretary of the ,army pursuant to section #dcjh of title #aj before the repeal of such section by section #afbd7;a7 of the ,corporation for the ,promotion of ,rifle ,practice and ,firearms ,safety ,act1 and 7,b7 the transportation of any such firearm or ammunition carried out to enable a person1 who lawfully received such firearm or ammunition from the ,secretary of the ,army1 to engage in military training or in competitions4 7#c7 ,unless otherwise prohibited by this chapter1 except for provisions relating to firearms subject to the prohibitions of section #ehb7p71 or any other ,federal law1 a licensed importer1 licensed manufacturer1 or licensed dealer may ship to a member of the ,united ,states ,armed ,forces on active duty outside the ,united ,states or to clubs1 recognized by the ,department of ,defense1 whose entire membership is composed of such members1 and such members or clubs may receive a firearm or ammunition determined by the ,attorney ,general to be generally recognized as particularly suitable for sporting purposes and intended for the personal use of such member or club4 7#d7 ,when established to the satisfaction of the ,attorney ,general to be consistent with this chapter1 except for provisions relating to firearms subject to the prohibitions of section #ehb7p71 and other applicable ,federal and ,state laws and published ordinances1 the ,attorney ,general may authorize the transportation1 shipment1 receipt1 or importation into the ,united ,states to the place of residence of any member of the ,united ,states ,armed ,forces who is on active duty outside the ,united ,states 7or who has been on active duty outside the ,united ,states within the #fj-;day period immediately preceding the transportation1 shipment1 receipt1 or importation71 of any firearm or ammunition which is 7,a7 determined by the ,attorney ,general to be generally recognized as particularly suitable for sporting purposes1 or determined by the ,department of ,defense to be a type of firearm normally classified as a war souvenir1 and 7,b7 intended for the personal use of such member4 7#e7 ,for the purpose of paragraph 7#c71 the term ,united ,states means each of the several ,states and the ,district of ,columbia4 7b7 ,continuation of operation ,a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector who is indicted for a crime punishable by imprisonment for a term exceeding one year1 may1 notwithstanding any other provision of this subchapter1 continue operation pursuant to his existing license 7if prior to the expiration of the term of the existing license timely application is made for a new license7 during the term of such indictment and until any conviction pursuant to the indictment becomes final4 7c7 ,relief from disability ,a person who is prohibited from possessing1 shipping1 transporting1 or receiving firearms or ammunition may make application to the ,attorney ,general for relief from the disabilities imposed by ,federal laws with respect to the acquisition1 receipt1 transfer1 shipment1 transportation1 or possession of firearms1 and the ,attorney ,general may grant such relief if it is established to his satisfaction that the circumstances regarding the disability1 and the applicant's record and reputation1 are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest4 ,any person whose application for relief from disabilities is denied by the ,attorney ,general may file a petition with the ,united ,states district court for the district in which he resides for a judicial review of such denial4 ,the court may in its discretion admit additional evidence where failure to do so would result in a miscarriage of justice4 ,a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector conducting operations under this chapter1 who makes application for relief from the disabilities incurred under this chapter1 shall not be barred by such disability from further operations under his license pending final action on an application for relief filed pursuant to this section4 ,whenever the ,attorney ,general grants relief to any person pursuant to this section he shall promptly publish in the ,federal ,register notice of such action1 together with the reasons therefor4 7d7 ,authorization of import ,the ,attorney ,general shall authorize a firearm or ammunition to be imported or brought into the ,united ,states or any possession thereof if the firearm or ammunition-- 7#a7 is being imported or brought in for scientific or research purposes1 or is for use in connection with competition or training pursuant to chapter #dja of title #aj2 7#b7 is an unserviceable firearm1 other than a machinegun as defined in section #ehde7;b7 of the ,internal ,revenue ,code of #aihf 7not readily restorable to firing condition71 imported or brought in as a curio or museum piece2 7#c7 is of a type that does not fall within the definition of a firearm as defined in section #ehde7;a7 of the ,internal ,revenue ,code of #aihf and is generally recognized as particularly suitable for or readily adaptable to sporting purposes1 excluding surplus military firearms1 except in any case where the ,attorney ,general has not authorized the importation of the firearm pursuant to this paragraph1 it shall be unlawful to import any frame1 receiver1 or barrel of such firearm which would be prohibited if assembled2 or 7#d7 was previously taken out of the ,united ,states or a possession by the person who is bringing in the firearm or ammunition4 ,the ,attorney ,general shall permit the conditional importation or bringing in of a firearm or ammunition for examination and testing in connection with the making of a determination as to whether the importation or bringing in of such firearm or ammunition will be allowed under this subsection4 7e7 ,mandatory authorization ,notwithstanding any other provision of this title1 the ,attorney ,general shall authorize the importation of1 by any licensed importer1 the following3 7#a7 all rifles and shotguns listed as curios or relics by the ,attorney ,general pursuant to section #eha7aa71 and 7#b7 all handguns1 listed as curios or relics by the ,attorney ,general pursuant to section #eha7aa71 provided that such handguns are generally recognized as particularly suitable for or readily adaptable to sporting purposes4 7f7 ,limitation on authorization ,the ,attorney ,general shall not authorize1 under subsection 7d71 the importation of any firearm the importation of which is prohibited by section #ehb7p74 #ehf4 ,remedy for erroneous denial of firearm ,any person denied a firearm pursuant to subsection 7s7 or 7t7 of section #ehb-- 7#a7 due to the provision of erroneous information relating to the person by any ,state or political subdivision thereof1 or by the national instant criminal background check system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act2 or 7#b7 who was not prohibited from receipt of a firearm pursuant to subsection 7g7 or 7n7 of section #ehb1 may bring an action against the ,state or political subdivision responsible for providing the erroneous information1 or responsible for denying the transfer1 or against the ,united ,states1 as the case may be1 for an order directing that the erroneous information be corrected or that the transfer be approved1 as the case may be4 ,in any action under this section1 the court1 in its discretion1 may allow the prevailing party a reasonable attorney's fee as part of the costs4 #ehg4 ,rules and regulations 7a7 ,in general ,the ,attorney ,general may prescribe only such rules and regulations as are necessary to carry out this chapter1 including-- 7#a7 regulations providing that a person licensed under this chapter1 when dealing with another person so licensed1 shall provide such other licensed person a certified copy of this license2 7#b7 regulations providing for the issuance1 at a reasonable cost1 to a person licensed under this chapter1 of certified copies of his license for use as provided under regulations issued under paragraph 7#a7 of this subsection2 and 7#c7 regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection 7d77#h7 or 7g77#h7 of section #ehb4 ,no such rule or regulation prescribed after the date of the enactment of the ,firearms ,owners' ,protection ,act may require that records required to be maintained under this chapter or any portion of the contents of such records1 be recorded at or transferred to a facility owned1 managed1 or controlled by the ,united ,states or any ,state or any political subdivision thereof1 nor that any system of registration of firearms1 firearms owners1 or firearms transactions or dispositions be established4 ,nothing in this section expands or restricts the ,attorney ,general's authority to inquire into the disposition of any firearm in the course of a criminal investigation4 7b7 ,notice ,the ,attorney ,general shall give not less than ninety days public notice1 and shall afford interested parties opportunity for hearing1 before prescribing such rules and regulations4 7c7 ,black powder ,the ,attorney ,general shall not prescribe rules or regulations that require purchasers of black powder under the exemption provided in section #fae to complete affidavits or forms attesting to that exemption4 #ehh4 ,interstate transportation of firearms ,notwithstanding any other provision of any law or any rule or regulation of a ,state or any political subdivision thereof1 any person who is not otherwise prohibited by this chapter from transporting1 shipping1 or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if1 during such transportation the firearm is unloaded1 and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle1 but in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console4 #ehi4 ,carrying of concealed firearms by qualified law enforcement officers 7a7 ,in general ,notwithstanding any other provision of the law of any ,state or any political subdivision thereof1 an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection 7c7 may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce4 7b7 ,definition of qualified law enforcement officer ,as used in this section1 the term qualified law enforcement officer means an employee of a governmental agency who-- 7#a7 is authorized by law to engage in or supervise the prevention1 detection1 investigation1 or prosecution of1 or the incarceration of any person for1 any violation of law1 and has statutory powers of arrest or apprehension under section #hjg7;b7 of title #aj1 ,united ,states ,code 7article #g7;b7 of the ,uniform ,code of ,military ,justice72 7#b7 is authorized by the agency to carry a firearm2 7#c7 is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers2 7#d7 meets standards1 if any1 established by the agency which require the employee to regularly qualify in the use of a firearm2 7#e7 is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance2 and 7#f7 is not prohibited by ,federal law from receiving a firearm4 7c7 ,required identification ,the identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law enforcement officer of the agency4 7d7 ,definition of firearm ,as used in this section1 the term firearm-- 7#a7 except as provided in this subsection1 has the same meaning as in section #eha2 7#b7 includes ammunition not expressly prohibited by ,federal law or subject to the ,national ,firearms ,act2 and 7#c7 does not include-- 7,a7 any machinegun2 7,b7 any firearm silencer2 and 7,c7 any destructive device4 7e7 ,certain governmental or quasigovernmental police agencies ,for the purposes of this section1 a law enforcement officer of the ,amtrak ,police ,department1 a law enforcement officer of the ,federal ,reserve1 or a law enforcement or police officer of the executive branch of the ,federal ,government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention1 detection1 investigation1 or prosecution of1 or the incarceration of any person for1 any violation of law1 and has statutory powers of arrest or apprehension under section #hjg7;b7 of title #aj1 ,united ,states ,code 7article #g7;b7 of the ,uniform ,code of ,military ,justice74 #eij4 ,carrying of concealed firearms by qualified retired law enforcement officers 7a7 ,in general ,notwithstanding any other provision of the law of any ,state or any political subdivision thereof1 an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection 7c7 may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce4 7b7 ,definition of qualified retired law enforcement officer ,as used in this section1 the term qualified retired law enforcement officer means an individual who-- 7#a7 separated from service in good standing from service with a public agency as a law enforcement officer2 7#b7 before such separation1 was authorized by law to engage in or supervise the prevention1 detection1 investigation1 or prosecution of1 or the incarceration of any person for1 any violation of law1 and had statutory powers of arrest or apprehension under section #hjg7;b7 of title #aj1 ,united ,states ,code 7article #g7;b7 of the ,uniform ,code of ,military ,justice72 7#c7 7,a7 before such separation1 served as a law enforcement officer for an aggregate of #aj years or more2 or 7,b7 separated from service with such agency1 after completing any applicable probationary period of such service1 due to a service-connected disability1 as determined by such agency2 7#d7 during the most recent #ab-month period1 has met1 at the expense of the individual1 the standards for qualification in firearms training for active law enforcement officers1 as determined by the former agency of the individual1 the ,state in which the individual resides or1 if the ,state has not established such standards1 either a law enforcement agency within the ,state in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that ,state2 7#e7 7,a7 has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health and as a result of this finding will not be issued the photographic identification as described in subsection 7d77#a72 or 7,b7 has not entered into an agreement with the agency from which the individual is separating from service in which that individual acknowledges he or she is not qualified under this section for reasons relating to mental health and for those reasons will not receive or accept the photographic identification as described in subsection 7d77#a72 7#f7 is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance2 and 7#g7 is not prohibited by ,federal law from receiving a firearm4 7c7 ,identification ,the identification required by this subsection is-- 7#a7 a photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer and indicates that the individual has1 not less recently than one year before the date the individual is carrying the concealed firearm1 been tested or otherwise found by the agency to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm2 or 7#b7 7,a7 a photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer2 and 7,b7 a certification issued by the ,state in which the individual resides or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that ,state that indicates that the individual has1 not less than #a year before the date the individual is carrying the concealed firearm1 been tested or otherwise found by the ,state or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that ,state to have met-- 7i7 the active duty standards for qualification in firearms training1 as established by the ,state1 to carry a firearm of the same type as the concealed firearm2 or 7ii7 if the ,state has not established such standards1 standards set by any law enforcement agency within that ,state to carry a firearm of the same type as the concealed firearm4 7d7 ,additional definitions ,as used in this section-- 7#a7 the term firearm-- 7,a7 except as provided in this paragraph1 has the same meaning as in section #eha2 7,b7 includes ammunition not expressly prohibited by ,federal law or subject to the ,national ,firearms ,act2 and 7,c7 does not include-- 7i7 any machinegun2 7ii7 any firearm silencer2 and 7iii7 any destructive device2 and 7#b7 the term service with a public agency as a law enforcement officer includes service as a law enforcement officer of the ,amtrak ,police ,department1 service as a law enforcement officer of the ,federal ,reserve1 or service as a law enforcement or police officer of the executive branch of the ,federal ,government4 #eia4 ,use of restricted ammunition 7a7 ,offense 7#a7 ,whoever1 during and in relation to the commission of a crime of violence or drug trafficking crime 7including a crime of violence or drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device7 for which he may be prosecuted in a court of the ,united ,states1 uses or carries a firearm and is in possession of armor piercing ammunition capable of being fired in that firearm1 shall1 in addition to the punishment provided for the commission of such crime of violence or drug trafficking crime be sentenced to a term of imprisonment for not less than five years4 7#b7 ,definition ,for purposes of this subsection1 the term drug trafficking crime means any felony punishable under chapter #ag of this title or chapter #gje of title #df4 7b7 ,limitation on certain actions by court ,notwithstanding any other provision of law1 the court shall not suspend the sentence of any person convicted of a violation of this section1 nor place the person on probation1 nor shall the terms of imprisonment run concurrently with any other terms of imprisonment1 including that imposed for the crime in which the armor piercing ammunition was used or possessed4 #eib4 ,possession of firearms and dangerous weapons in ,federal facilities 7a7 ,in general ,except as provided in subsection 7d71 whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a ,federal facility 7other than a ,federal court facility71 or attempts to do so1 shall be imprisoned not more than #a year4 7b7 ,aggravated offense ,whoever1 with intent that a firearm or other dangerous weapon be used in the commission of a crime1 knowingly possesses or causes to be present such firearm or dangerous weapon in a ,federal facility1 or attempts to do so1 shall be imprisoned not more than #e years4 7c7 ,where killing results ,a person who kills any person in the course of a violation of subsection 7a7 or 7b71 or in the course of an attack on a ,federal facility involving the use of a firearm or other dangerous weapon shall be punished as provided in subchapter ,a of chapter #aj4 7d7 ,subsection 7a7 does not apply to-- 7#a7 the lawful performance of official duties by an officer1 agent1 or employee of the ,united ,states1 a ,state1 or a political subdivision thereof1 who is authorized by law to engage in or supervise the prevention1 detection1 investigation1 or prosecution of any violation of law2 7#b7 the possession of a firearm or other dangerous weapon by a ,federal official or a member of the ,armed ,forces if such possession is authorized by law2 or 7#c7 the lawful carrying of firearms or other dangerous weapons in a ,federal facility incident to hunting or other lawful purposes4 7e7 ,court facility 7#a7 ,except as provided in paragraph 7#b71 whoever knowingly possesses or causes to be present a firearm in a ,federal court facility1 or attempts to do so1 shall be imprisoned not more than #b years4 7#b7 ,paragraph 7#a7 does not apply to conduct which is described in paragraph 7#a7 or 7#b7 of subsection 7d74 7f7 ,disclaimer ,nothing in this section limits the power of a court of the ,united ,states to punish for contempt or to promulgate rules or orders regulating1 restricting1 or prohibiting the possession of weapons within any building housing such court or any of its proceedings1 or upon any grounds appurtenant to such building4 7g7 ,definitions ,as used in this section3 7#a7 ,the term ,federal facility means a building or part thereof owned or leased by the ,federal ,government1 where ,federal employees are regularly present for the purpose of performing their official duties4 7#b7 ,the term dangerous weapon means a weapon1 device1 instrument1 material1 or substance1 animate or inanimate1 that is used for1 or is readily capable of1 causing death or serious bodily injury1 except that such term does not include a pocket knife with a blade of less than #b inches in length4 7#c7 ,the term ,federal court facility means the courtroom1 judges' chambers1 witness rooms1 jury deliberation rooms1 attorney conference rooms1 prisoner holding cells1 offices of the court clerks1 the ,united ,states attorney1 and the ,united ,states marshal1 probation and parole offices1 and adjoining corridors of any court of the ,united ,states4 7h7 ,posting ,notice of the provisions of subsections 7a7 and 7b7 shall be posted conspicuously at each public entrance to each ,federal facility1 and notice of subsection 7e7 shall be posted conspicuously at each public entrance to each ,federal court facility1 and no person shall be convicted of an offense under subsection 7a7 or 7e7 with respect to a ,federal facility if such notice is not so posted at such facility1 unless such person had actual notice of subsection 7a7 or 7e71 as the case may be4 #eic4 ,prohibition on purchase1 ownership1 or possession of body armor by violent felons 7a7 ,in general ,except as provided in subsection 7b71 it shall be unlawful for a person to purchase1 own1 or possess body armor1 if that person has been convicted of a felony that is-- 7#a7 a crime of violence2 or 7#b7 an offense under ,state law that would constitute a crime of violence under paragraph 7#a7 if it occurred within the special maritime and territorial jurisdiction of the ,united ,states4 7b7 ,affirmative defense 7#a7 ,in general ,it shall be an affirmative defense under this section that-- 7,a7 the defendant obtained prior written certification from his or her employer that the defendant's purchase1 use1 or possession of body armor was necessary for the safe performance of lawful business activity2 and 7,b7 the use and possession by the defendant were limited to the course of such performance4 7#b7 ,employer ,in this subsection1 the term employer means any other individual employed by the defendant's business that supervises defendant's activity4 ,if that defendant has no supervisor1 prior written certification is acceptable from any other employee of the business4 ,c ,,explosives #fja4 ,prohibited transactions involving nuclear materials4 #fja4 ,prohibited transactions involving nuclear materials 7a7 ,offense ,whoever1 if one of the circumstances described in subsection 7c7 of this section occurs-- 7#a7 without lawful authority1 intentionally receives1 possesses1 uses1 transfers1 alters1 disposes of1 or disperses any nuclear material or nuclear byproduct material and-- 7,a7 thereby knowingly causes the death of or serious bodily injury to any person or substantial damage to property or to the environment2 or 7,b7 circumstances exist1 or have been represented to the defendant to exist1 that are likely to cause the death or serious bodily injury to any person1 or substantial damage to property or to the environment2 7#b7 with intent to deprive another of nuclear material or nuclear byproduct material1 knowingly-- 7,a7 takes and carries away nuclear material or nuclear byproduct material of another without authority2 7,b7 makes an unauthorized use1 disposition1 or transfer1 of nuclear material or nuclear byproduct material belonging to another2 or 7,c7 uses fraud and thereby obtains nuclear material or nuclear byproduct material belonging to another2 7#c7 knowingly-- 7,a7 uses force2 or 7,b7 threatens or places another in fear that any person other than the actor will imminently be subject to bodily injury2 and thereby takes nuclear material or nuclear byproduct material belonging to another from the person or presence of any other2 7#d7 intentionally intimidates any person and thereby obtains nuclear material or nuclear byproduct material belonging to another2 7#e7 with intent to compel any person1 international organization1 or governmental entity to do or refrain from doing any act1 knowingly threatens to engage in conduct described in paragraph 7#b77;,a7 or 7#c7 of this subsection2 7#f7 knowingly threatens to use nuclear material or nuclear byproduct material to cause death or serious bodily injury to any person or substantial damage to property or to the environment under circumstances in which the threat may reasonably be understood as an expression of serious purposes2 7#g7 attempts to commit an offense under paragraph 7#a71 7#b71 7#c71 or 7#d7 of this subsection2 or 7#h7 is a party to a conspiracy of two or more persons to commit an offense under paragraph 7#a71 7#b71 7#c71 or 7#d7 of this subsection1 if any of the parties intentionally engages in any conduct in furtherance of such offense2 shall be punished as provided in subsection 7b7 of this section4 7b7 ,punishment ,the punishment for an offense under-- 7#a7 paragraphs 7#a7 through 7#g7 of subsection 7a7 of this section is-- 7,a7 a fine under this title2 and 7,b7 imprisonment-- 7i7 for any term of years or for life 7,i7 if1 while committing the offense1 the offender knowingly causes the death of any person2 or 7,,ii7 if1 while committing an offense under paragraph 7#a7 or 7#c7 of subsection 7a7 of this section1 the offender1 under circumstances manifesting extreme indifference to the life of an individual1 knowingly engages in any conduct and thereby recklessly causes the death of or serious bodily injury to any person2 and 7ii7 for not more than #bj years in any other case2 and 7#b7 paragraph 7#h7 of subsection 7a7 of this section is-- 7,a7 a fine under this title2 and 7,b7 imprisonment-- 7i7 for not more than #bj years if the offense which is the object of the conspiracy is punishable under paragraph 7#a77;,b77i72 and 7ii7 for not more than #aj years in any other case4 7c7 ,circumstances ,the circumstances referred to in subsection 7a7 of this section are that-- 7#a7 the offense is committed in the ,united ,states or the special maritime and territorial jurisdiction of the ,united ,states1 or the special aircraft jurisdiction of the ,united ,states 7as defined in section #dfeja of title #di72 7#b7 an offender or a victim is-- 7,a7 a national of the ,united ,states2 or 7,b7 a ,united ,states corporation or other legal entity2 7#c7 after the conduct required for the offense occurs the defendant is found in the ,united ,states1 even if the conduct required for the offense occurs outside the ,united ,states2 7#d7 the conduct required for the offense occurs with respect to the carriage of a consignment of nuclear material or nuclear byproduct material for peaceful purposes by any means of transportation intended to go beyond the territory of the state where the shipment originates beginning with the departure from a facility of the shipper in that state and ending with the arrival at a facility of the receiver within the state of ultimate destination and either of such states is the ,united ,states2 or 7#e7 either-- 7,a7 the governmental entity under subsection 7a77#e7 is the ,united ,states2 or 7,b7 the threat under subsection 7a77#f7 is directed at the ,united ,states4 7d7 ,assistance in accordance with chapter #ah of title #aj ,the ,attorney ,general may request assistance from the ,secretary of ,defense under chapter #ah of title #aj in the enforcement of this section and the ,secretary of ,defense may provide such assistance in accordance with chapter #ah of title #aj1 except that the ,secretary of ,defense may provide such assistance through any ,department of ,defense personnel4 7e7 ,other assistance 7#a7 ,the ,attorney ,general may also request assistance from the ,secretary of ,defense under this subsection in the enforcement of this section4 ,notwithstanding section #bib1 the ,secretary of ,defense may1 in accordance with other applicable law1 provide such assistance to the ,attorney ,general if-- 7,a7 an emergency situation exists 7as jointly determined by the ,attorney ,general and the ,secretary of ,defense in their discretion72 and 7,b7 the provision of such assistance will not adversely affect the military preparedness of the ,united ,states 7as determined by the ,secretary of ,defense in such ,secretary's discretion74 7#b7 ,as used in this subsection1 the term emergency situation means a circumstance-- 7,a7 that poses a serious threat to the interests of the ,united ,states2 and 7,b7 in which-- 7i7 enforcement of the law would be seriously impaired if the assistance were not provided2 and 7ii7 civilian law enforcement personnel are not capable of enforcing the law4 7#c7 ,assistance under this section may include-- 7,a7 use of personnel of the ,department of ,defense to arrest persons and conduct searches and seizures with respect to violations of this section2 and 7,b7 such other activity as is incidental to the enforcement of this section1 or to the protection of persons or property from conduct that violates this section4 7#d7 ,the ,secretary of ,defense may require reimbursement as a condition of assistance under this section4 7#e7 ,the ,attorney ,general may delegate the ,attorney ,general's function under this subsection only to a ,deputy1 ,associate1 or ,assistant ,attorney ,general4 7f7 ,definitions ,as used in this section-- 7#a7 the term nuclear material means material containing any-- 7,a7 plutonium2 7,b7 uranium not in the form of ore or ore residue that contains the mixture of isotopes as occurring in nature2 7,c7 enriched uranium1 defined as uranium that contains the isotope #bcc or #bce or both in such amount that the abundance ratio of the sum of those isotopes to the isotope #bch is greater than the ratio of the isotope #bce to the isotope #bch occurring in nature2 or 7,d7 uranium #bcc2 7#b7 the term nuclear byproduct material means any material containing any radioactive isotope created through an irradiation process in the operation of a nuclear reactor or accelerator2 7#c7 the term international organization means a public international organization designated as such pursuant to section #a of the ,international ,organizations ,immunities ,act or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs2 and 7#d7 the term ,united ,states corporation or other legal entity means any corporation or other entity organized under the laws of the ,united ,states or any ,state of the ,united ,states4 ,d ,,importation1 ,,manufacture1 ,,distribution1 ,,and ,,storage ,,of ,,explosive ,,materials #faa4 ,definitions4 #fab4 ,unlawful ,acts4 #fac4 ,licenses and user permits4 #fad4 ,penalties4 #fae4 ,exceptions2 relief from disabilities4 #faf4 ,additional powers of the ,attorney ,general4 #fag4 ,rules and regulations4 #faa4 ,definitions ,in this subchapter the following definitions apply3 7#a7 ,the term explosive materials means explosives1 blasting agents1 and detonators4 7#b7 ,except for the purposes of subsections 7d71 7e71 7f71 7g71 7h71 7i71 and 7j7 of section #fad1 the term explosives means any chemical compound mixture1 or device1 the primary or common purpose of which is to function by explosion2 the term includes1 but is not limited to1 dynamite and other high explosives1 black powder1 pellet powder1 initiating explosives1 detonators1 safety fuses1 squibs1 detonating cord1 igniter cord1 and igniters4 ,the ,attorney ,general shall publish and revise at least annually in the ,federal ,register a list of these and any additional explosives which he determines to be within the coverage of this subchapter4 ,for the purposes of subsections 7d71 7e71 7f71 7g71 7h71 and 7i7 of section #fad1 the term explosive is defined in subsection 7j7 of such section #fad4 7#c7 ,the term blasting agent means any material or mixture1 consisting of fuel and oxidizer1 intended for blasting1 not otherwise defined as an explosive1 if the finished product1 as mixed for use or shipment1 cannot be detonated by means of a numbered #h test blasting cap when unconfined4 7#d7 ,the term detonator means any device containing a detonating charge that is used for initiating detonation in an explosive2 the term includes electric blasting caps of instantaneous and delay types1 blasting caps for use with safety fuses and detonating-cord delay connectors4 7#e7 ,the term importer means any person engaged in the business of importing or bringing explosive materials into the ,united ,states for purposes of sale or distribution4 7#f7 ,the term manufacturer means any person engaged in the business of manufacturing explosive materials for purposes of sale or distribution or for that person's own use4 7#g7 ,the term dealer means any person engaged in the business of distributing explosive materials at wholesale or retail4 7#h7 ,the term permittee means any user of explosives for a lawful purpose1 who has obtained either a user permit or a limited permit under this chapter4 7#i7 ,the term ,attorney ,general means the ,attorney ,general of the ,united ,states4 7#aj7 ,the term crime punishable by imprisonment for a term exceeding one year does not mean 7,a7 any ,federal or ,state offenses pertaining to antitrust violations1 unfair trade practices1 restraints of trade1 or other similar offenses relating to the regulation of business practices as the ,attorney ,general may by regulation designate1 or 7,b7 any ,state offense 7other than one involving a firearm or explosive7 classified by the laws of the ,state as a misdemeanor and punishable by a term of imprisonment of two years or less4 7#aa7 ,the term licensee means any importer1 manufacturer1 or dealer licensed under this chapter4 7#ab7 ,the term distribute means sell1 issue1 give1 transfer1 or otherwise dispose of4 7#ac7 ,the term convention on the ,marking of ,plastic ,explosives means the ,convention on the ,marking of ,plastic ,explosives for the ,purpose of ,detection1 ,done at ,montreal on #a ,march #aiia4 7#ad7 ,the term detection agent means any one of the substances specified in this subsection when introduced into a plastic explosive or formulated in such explosive as a part of the manufacturing process in such a manner as to achieve homogeneous distribution in the finished explosive1 including-- 7,a7 ,ethylene glycol dinitrate 7,,egdn71 ,c#b;,h#d7,,no#c7b1 molecular weight #aeb1 when the minimum concentration in the finished explosive is #j4b percent by mass2 7,b7 #b1c-;,dimethyl-#b1c-;dinitrobutane 7,,dmnb72 7,c7 ,para-,mononitrotoluene 7p-,,mnt71 ,c#g;,h#g,,no#b1 molecular weight #acg1 when the minimum concentration in the finished explosive is #j4e percent by mass2 7,d7 ,ortho-,mononitrotoluene 7o-,,mnt71 ,c#g;,h#g,,no#b1 molecular weight #acg1 when the minimum concentration in the finished explosive is #j4e percent by mass2 and 7,e7 any other substance in the concentration specified by the ,attorney ,general1 after consultation with the ,secretary of ,state and the ,secretary of ,defense1 that has been added to the table in part #b of the ,technical ,annex to the ,convention on the ,marking of ,plastic ,explosives4 7#ae7 ,the term plastic explosive means an explosive material in flexible or elastic sheet form formulated with one or more high explosives which in their pure form has a vapor pressure less than #aj-d ,pa at a temperature of #be;,c1 is formulated with a binder material1 and is as a mixture malleable or flexible at normal room temperature4 7#af7 ,the term alien means any person who is not a citizen or national of the ,united ,states4 7#ag7 ,the term responsible person means an individual who has the power to direct the management and policies of the applicant pertaining to explosive materials4 7#ah7 ,the term ,indian tribe has the meaning given the term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid4 #fab4 ,unlawful ,acts 7a7 ,regulatory requirements ,it shall be unlawful for any person-- 7#a7 to engage in the business of importing1 manufacturing1 or dealing in explosive materials without a license issued under this chapter2 7#b7 knowingly to withhold information or to make any false or fictitious oral or written statement or to furnish or exhibit any false1 fictitious1 or misrepresented identification1 intended or likely to deceive for the purpose of obtaining explosive materials1 or a license1 permit1 exemption1 or relief from disability under this chapter2 7#c7 other than a licensee or permittee knowingly-- 7,a7 to transport1 ship1 cause to be transported1 or receive any explosive materials2 or 7,b7 to distribute explosive materials to any person other than a licensee or permittee2 or 7#d7 who is a holder of a limited permit-- 7,a7 to transport1 ship1 cause to be transported1 or receive in interstate or foreign commerce any explosive materials2 or 7,b7 to receive explosive materials from a licensee or permittee1 whose premises are located outside the ,state of residence of the limited permit holder1 or on more than #f separate occasions1 during the period of the permit1 to receive explosive materials from #a or more licensees or permittees whose premises are located within the ,state of residence of the limited permit holder4 7b7 ,distribution to unregulated persons ,it shall be unlawful for any licensee or permittee to knowingly distribute any explosive materials to any person other than-- 7#a7 a licensee2 7#b7 a holder of a user permit2 or 7#c7 a holder of a limited permit who is a resident of the ,state where distribution is made and in which the premises of the transferor are located4 7c7 ,distribution in violation of ,state requirements ,it shall be unlawful for any licensee to distribute explosive materials to any person who the licensee has reason to believe intends to transport such explosive materials into a ,state where the purchase1 possession1 or use of explosive materials is prohibited or which does not permit its residents to transport or ship explosive materials into it or to receive explosive materials in it4 7d7 ,distribution to prohibited classes of persons ,it shall be unlawful for any person knowingly to distribute explosive materials to any individual who-- 7#a7 is under twenty-one years of age2 7#b7 has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year2 7#c7 is under indictment for a crime punishable by imprisonment for a term exceeding one year2 7#d7 is a fugitive from justice2 7#e7 is an unlawful user of or addicted to any controlled substance2 7#f7 has been adjudicated a mental defective or who has been committed to a mental institution2 7#g7 is an alien1 other than an alien who-- 7,a7 is lawfully admitted for permanent residence 7as defined in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act72 7,b7 is in lawful nonimmigrant status1 is a refugee admitted under section #bjg of the ,immigration and ,nationality ,act1 or is in asylum status under section #bjh of that ,act1 and-- 7i7 is a foreign law enforcement officer of a friendly foreign government1 as determined by the ,attorney ,general in consultation with the ,secretary of ,state1 entering the ,united ,states on official law enforcement business1 and the shipping1 transporting1 possession1 or receipt of explosive materials is in furtherance of this official law enforcement business2 or 7ii7 is a person having the power to direct or cause the direction of the management and policies of a corporation1 partnership1 or association licensed pursuant to section #fac7;a71 and the shipping1 transporting1 possession1 or receipt of explosive materials is in furtherance of such power2 7,c7 is a member of a ,north ,atlantic ,treaty ,organization 7,,nato7 or other friendly foreign military force1 as determined by the ,attorney ,general in consultation with the ,secretary of ,defense1 who is present in the ,united ,states under military orders for training or other military purpose authorized by the ,united ,states and the shipping1 transporting1 possession1 or receipt of explosive materials is in furtherance of the authorized military purpose2 or 7,d7 is lawfully present in the ,united ,states in cooperation with the ,director of ,central ,intelligence1 and the shipment1 transportation1 receipt1 or possession of the explosive materials is in furtherance of such cooperation2 7#h7 has been discharged from the armed forces under dishonorable conditions2 or 7#i7 having been a citizen of the ,united ,states1 has renounced the citizenship of that person4 7e7 ,distribution to persons prohibited by ,state law from possession ,it shall be unlawful for any licensee knowingly to distribute any explosive materials to any person in any ,state where the purchase1 possession1 or use by such person of such explosive materials would be in violation of any ,state law or any published ordinance applicable at the place of distribution4 7f7 ,records ,it shall be unlawful for any licensee or permittee willfully to manufacture1 import1 purchase1 distribute1 or receive explosive materials without making such records as the ,attorney ,general may by regulation require4 ,such records shall include a statement of intended use1 the name1 date1 place of birth1 social security number or taxpayer identification number1 and place of residence of any natural person to whom explosive materials are distributed4 ,if explosive materials are distributed to a corporation or other business entity1 such records shall include the identity and principal and local places of business and the name1 date1 place of birth1 and place of residence of the natural person acting as agent of the corporation or other business entity in arranging the distribution4 7g7 ,false entry on records ,it shall be unlawful for any licensee or permittee knowingly to make any false entry in any record which he is required to keep pursuant to this section or regulations prescribed under section #fag4 7h7 ,shipment and other matters pertaining to stolen explosive materials ,it shall be unlawful for any person to receive1 possess1 transport1 ship1 conceal1 store1 barter1 sell1 dispose of1 or pledge or accept as security for a loan1 any stolen explosive materials which are moving as1 which are part of1 which constitute1 or which have been shipped or transported in1 interstate or foreign commerce1 either before or after such materials were stolen1 knowing or having reasonable cause to believe that the explosive materials were stolen4 7i7 ,possession and other conduct by prohibited persons ,it shall be unlawful for any person-- 7#a7 who is under indictment for1 or who has been convicted in any court of1 a crime punishable by imprisonment for a term exceeding one year2 7#b7 who is a fugitive from justice2 7#c7 who is an unlawful user of or addicted to any controlled substance2 7#d7 who has been adjudicated as a mental defective or who has been committed to a mental institution2 7#e7 who is an alien1 other than an alien who-- 7,a7 is lawfully admitted for permanent residence 7as that term is defined in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act72 7,b7 is in lawful nonimmigrant status1 is a refugee admitted under section #bjg of the ,immigration and ,nationality ,act1 or is in asylum status under section #bjh of the ,immigration and ,nationality ,act1 and-- 7i7 is a foreign law enforcement officer of a friendly foreign government1 as determined by the ,attorney ,general in consultation with the ,secretary of ,state1 entering the ,united ,states on official law enforcement business1 and the shipping1 transporting1 possession1 or receipt of explosive materials is in furtherance of this official law enforcement business2 or 7ii7 is a person having the power to direct or cause the direction of the management and policies of a corporation1 partnership1 or association licensed pursuant to section #hdc7;a71 and the shipping1 transporting1 possession1 or receipt of explosive materials is in furtherance of such power2 7,c7 is a member of a ,north ,atlantic ,treaty ,organization 7,,nato7 or other friendly foreign military force1 as determined by the ,attorney ,general in consultation with the ,secretary of ,defense1 who is present in the ,united ,states under military orders for training or other military purpose authorized by the ,united ,states and the shipping1 transporting1 possession1 or receipt of explosive materials is in furtherance of the authorized military purpose2 or 7,d7 is lawfully present in the ,united ,states in cooperation with the ,director of ,central ,intelligence1 and the shipment1 transportation1 receipt1 or possession of the explosive materials is in furtherance of such cooperation2 7#f7 who has been discharged from the armed forces under dishonorable conditions2 or 7#g7 who1 having been a citizen of the ,united ,states1 has renounced the citizenship of that person2 to ship or transport any explosive in or affecvting interstate or foreign commerce or to receive or possess any explosive which has been shipped or transporated in or affecting interestate or foreign commerce4 7j7 ,storage requirements ,it shall be unlawful for any person to store any explosive material in a manner not in conformity with regulations promulgated by the ,attorney ,general4 ,in promulgating such regulations1 the ,attorney ,general shall take into consideration the class1 type1 and quantity of explosive materials to be stored1 as well as the standards of safety and security recognized in the explosives industry4 7k7 ,failure ,to report theft or loss ,it shall be unlawful for any person who has knowledge of the theft or loss of any explosive materials from his stock1 to fail to report such theft or loss within twenty-four hours of discovery thereof1 to the ,attorney ,general and to appropriate local authorities4 7l7 ,detection agents required for manufacture of plastic explosives ,it shall be unlawful for any person to manufacture any plastic explosive that does not contain a detection agent4 7m7 ,importation of plastic explosives without detection agents 7#a7 ,it shall be unlawful for any person to import or bring into the ,united ,states1 or export from the ,united ,states1 any plastic explosive that does not contain a detection agent4 7#b7 ,this subsection does not apply to the importation or bringing into the ,united ,states1 or the exportation from the ,united ,states1 of any plastic explosive that was imported or brought into1 or manufactured in the ,united ,states prior to the date of enactment of this subsection by or on behalf of any agency of the ,united ,states performing military or police functions 7including any military reserve component7 or by or on behalf of the ,national ,guard of any ,state1 not later than #ae years after the date of entry into force of the ,convention on the ,marking of ,plastic ,explosives1 with respect to the ,united ,states4 7n7 ,possession and other conduct with regard to plastic explosives without detection agents 7#a7 ,it shall be unlawful for any person to ship1 transport1 transfer1 receive1 or possess any plastic explosive that does not contain a detection agent4 7#b7 ,this subsection does not apply to-- 7,a7 the shipment1 transportation1 transfer1 receipt1 or possession of any plastic explosive that was imported or brought into1 or manufactured in the ,united ,states prior to the date of enactment of this subsection by any person during the period beginning on that date and ending #c years after that date of enactment2 or 7,b7 the shipment1 transportation1 transfer1 receipt1 or possession of any plastic explosive that was imported or brought into1 or manufactured in the ,united ,states prior to the date of enactment of this subsection by or on behalf of any agency of the ,united ,states performing a military or police function 7including any military reserve component7 or by or on behalf of the ,national ,guard of any ,state1 not later than #ae years after the date of entry into force of the ,convention on the ,marking of ,plastic ,explosives1 with respect to the ,united ,states4 7o7 ,distribution of information relating to explosives1 destructive devices1 and weapons of mass destruction 7#a7 ,definitions ,in this subsection-- 7,a7 the term destructive device has the same meaning as in section #eha2 7,b7 the term explosive has the same meaning as in section #fad2 and 7,c7 the term weapon of mass destruction has the same meaning as in section #bga4 7#b7 ,prohibition ,it shall be unlawful for any person-- 7,a7 to teach or demonstrate the making or use of an explosive1 a destructive device1 or a weapon of mass destruction1 or to distribute by any means information pertaining to1 in whole or in part1 the manufacture or use of an explosive1 destructive device1 or weapon of mass destruction1 with the intent that the teaching1 demonstration1 or information be used for1 or in furtherance of1 an activity that constitutes a ,federal crime of violence2 or 7,b7 to teach or demonstrate to any person the making or use of an explosive1 a destructive device1 or a weapon of mass destruction1 or to distribute to any person1 by any means1 information pertaining to1 in whole or in part1 the manufacture or use of an explosive1 destructive device1 or weapon of mass destruction1 knowing that such person intends to use the teaching1 demonstration1 or information for1 or in furtherance of1 an activity that constitutes a ,federal crime of violence4 #fac4 ,licenses and user permits 7a7 ,requirements for application ,an application for a user permit or limited permit or a license to import1 manufacture1 or deal in explosive materials shall be in such form and contain such information as the ,attorney ,general shall by regulation prescribe1 including the names of and appropriate identifying information regarding all employees who will be authorized by the applicant to possess explosive materials1 as well as fingerprints and a photograph of each responsible person4 ,each applicant for a license or permit shall pay a fee to be charged as set by the ,attorney ,general1 said fee not to exceed #ej for a limited permit and #bjj for any other license or permit4 ,each license or user permit shall be valid for not longer than #c years from the date of issuance and each limited permit shall be valid for not longer than #a year from the date of issuance4 ,each license or permit shall be renewable upon the same conditions and subject to the same restrictions as the original license or permit1 and upon payment of a renewal fee not to exceed one-half of the original fee4 7b7 ,approval of application ,upon the filing of a proper application and payment of the prescribed fee1 and subject to this chapter and other applicable laws1 the ,attorney ,general shall issue to such applicant the appropriate license or permit if-- 7#a7 the applicant 7or1 if the applicant is a corporation1 partnership1 or association1 each responsible person with respect to the applicant7 is not a person described in section #fab7;i72 7#b7 the applicant has not willfully violated this subchapter or regulations issued under this subchapter2 7#c7 the applicant has in a ,state premises from which he conducts or intends to conduct business2 7#d7 7,a7 the ,attorney ,general verifies by inspection or1 if the application is for an original limited permit or the first or second renewal of such a permit1 by such other means as the ,attorney ,general determines appropriate1 that the applicant has a place of storage for explosive materials which meets such standards of public safety and security against theft as the ,attorney ,general by regulations shall prescribe2 and 7,b7 subparagraph 7,a7 does not apply to an applicant for the renewal of a limited permit if the ,attorney ,general has verified1 by inspection within the preceding #c years1 the matters described in subparagraph 7,a7 with respect to the applicant2 7#e7 the applicant has demonstrated and certified in writing that he is familiar with all published ,state laws and local ordinances relating to explosive materials for the location in which he intends to do business2 7#f7 none of the employees of the applicant who will be authorized by the applicant to possess explosive materials is any person described in section #fab7;i72 and 7#g7 in the case of a limited permit1 the applicant has certified in writing that the applicant will not receive explosive materials on more than #f separate occasions during the #ab-month period for which the limited permit is valid4 7c7 ,time limit for action ,the ,attorney ,general shall approve or deny an application within a period of #ij days for licenses and permits1 beginning on the date such application is received by the ,attorney ,general4 7d7 ,revocation ,the ,attorney ,general may revoke any license or permit issued under this section if in the opinion of the ,attorney ,general the holder thereof has violated this subchapter or any rule or regulation prescribed under this subchapter1 or has become ineligible to acquire explosive materials under section #fab7;d74 ,the ,attorney ,general's action under this subsection may be reviewed only as provided in subsection 7e77#b7 of this section4 7e7 ,procedural requirements 7#a7 ,any person whose application is denied or whose license or permit is revoked shall receive a written notice from the ,attorney ,general stating the specific grounds upon which such denial or revocation is based4 ,any notice of a revocation of a license or permit shall be given to the holder of such license or permit prior to or concurrently with the effective date of the revocation4 7#b7 ,if the ,attorney ,general denies an application for1 or revokes a license1 or permit1 he shall1 upon request by the aggrieved party1 promptly hold a hearing to review his denial or revocation4 ,in the case of a revocation1 the ,attorney ,general may upon a request of the holder stay the effective date of the revocation4 ,a hearing under this section shall be at a location convenient to the aggrieved party4 ,the ,attorney ,general shall give written notice of his decision to the aggrieved party within a reasonable time after the hearing4 ,the aggrieved party may1 within sixty days after receipt of the ,secretary's written decision1 file a petition with the ,united ,states court of appeals for the district in which he resides or has his principal place of business for a judicial review of such denial or revocation1 pursuant to sections #gja through #gjf of title #e4 7f7 ,inspections ,licensees and holders of user permits shall make available for inspection at all reasonable times their records kept pursuant to this chapter or the regulations issued hereunder1 and licensees and permittees shall submit to the ,attorney ,general such reports and information with respect to such records and the contents thereof as he shall by regulations prescribe4 ,the ,attorney ,general may enter during business hours the premises 7including places of storage7 of any licensee or holder of a user permit1 for the purpose of inspecting or examining 7#a7 any records or documents required to be kept by such licensee or permittee1 under this chapter or regulations issued under this chapter1 and 7#b7 any explosive materials kept or stored by such licensee or permittee at such premises4 ,upon the request of any ,state or any political subdivision thereof1 the ,attorney ,general may make available to such ,state or any political subdivision thereof1 any information which he may obtain by reason of this subchapter with respect to the identification of persons within such ,state or political subdivision thereof1 who have purchased or received explosive materials1 together with a description of such explosive materials4 ,the ,attorney ,general may inspect the places of storage for explosive materials of an applicant for a limited permit or1 at the time of renewal of such permit1 a holder of a limited permit1 only as provided in subsection 7b77#d74 7g7 ,posting ,licenses and user permits issued under subsection 7b7 of this section shall be kept posted and kept available for inspection on the premises covered by the license and permit4 7h7 ,employer may request determination from ,attorney ,general 7#a7 ,if the ,attorney ,general receives1 from an employer1 the name and other identifying information of a responsible person or an employee who will be authorized by the employer to possess explosive materials in the course of employment with the employer1 the ,attorney ,general shall determine whether the responsible person or employee is one of the persons described in any paragraph of section #fab7;i74 ,in making the determination1 the ,attorney ,general may take into account a letter or document issued under paragraph 7#b74 7#b7 7,a7 ,if the ,attorney ,general determines that the responsible person or the employee is not one of the persons described in any paragraph of section #fab7;i71 the ,attorney ,general shall notify the employer in writing or electronically of the determination and issue1 to the responsible person or employee1 a letter of clearance1 which confirms the determination4 7,b7 ,if the ,attorney ,general determines that the responsible person or employee is one of the persons described in any paragraph of section #fab7;i71 the ,attorney ,general shall notify the employer in writing or electronically of the determination and issue to the responsible person or the employee1 as the case may be1 a document that-- 7i7 confirms the determination2 7ii7 explains the grounds for the determination2 7iii7 provides information on how the disability may be relieved2 and 7iv7 explains how the determination may be appealed4 7i7 ,furnishing of samples 7#a7 ,licensed manufacturers and licensed importers and persons who manufacture or import explosive materials or ammonium nitrate shall1 when required by letter issued by the ,attorney ,general1 furnish-- 7,a7 samples of such explosive materials or ammonium nitrate2 7,b7 information on chemical composition of those products2 and 7,c7 any other information that the ,attorney ,general determines is relevant to the identification of the explosive materials or to identification of the ammonium nitrate4 7#b7 ,the ,attorney ,general shall1 by regulation1 authorize reimbursement of the fair market value of samples furnished pursuant to this subsection1 as well as the reasonable costs of shipment4 #fad4 ,penalties 7a7 ,felonies ,any person-- 7#a7 who violates any of subsections 7a7 through 7i7 or 7l7 through 7o7 of section #fab shall be imprisoned for not more than #aj years2 and 7#b7 violates subsection 7p77#b7 of section #fab1 shall be imprisoned not more than #bj years4 7b7 ,misdemeanor ,whoever violates any other provision of section #fab shall be imprisoned not more than one year4 7c7 ,forfeiture 7#a7 ,any explosive materials involved or used or intended to be used in any violation of this subchapter or any other rule or regulation promulgated under this subchapter or any violation of any criminal law of the ,united ,states shall be subject to seizure and forfeiture1 and all provisions of the ,internal ,revenue ,code of #aihf relating to the seizure1 forfeiture1 and disposition of firearms1 as defined in section #ehde7;a7 of that ,code1 shall1 so far as applicable1 extend to seizures and forfeitures under this chapter4 7#b7 ,notwithstanding paragraph 7#a71 in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture in which it would be impracticable or unsafe to remove the materials to a place of storage or would be unsafe to store them1 the seizing officer may destroy the explosive materials forthwith4 ,any destruction under this paragraph shall be in the presence of at least #a credible witness4 ,the seizing officer shall make a report of the seizure and take samples as the ,attorney ,general may by regulation prescribe4 7#c7 ,within #fj days after any destruction made pursuant to paragraph 7#b71 the owner of 7including any person having an interest in7 the property so destroyed may make application to the ,attorney ,general for reimbursement of the value of the property4 ,if the claimant establishes to the satisfaction of the ,attorney ,general that-- 7,a7 the property has not been used or involved in a violation of law2 or 7,b7 any unlawful involvement or use of the property was without the claimant's knowledge1 consent1 or willful blindness1 the ,attorney ,general shall make an allowance to the claimant not exceeding the value of the property destroyed4 7d7 ,transport with intent ,whoever transports or receives1 or attempts to transport or receive1 in interstate or foreign commerce any explosive with the knowledge or intent that it will be used to kill1 injure1 or intimidate any individual or unlawfully to damage or destroy any building1 vehicle1 or other real or personal property1 shall be imprisoned for not more than ten years2 and if personal injury results to any person1 including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection1 shall be imprisoned for not more than twenty years2 and if death results to any person1 including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection1 shall be subject to imprisonment for any term of years1 or to the death penalty or to life imprisonment4 7e7 ,threats ,whoever1 through the use of the mail1 telephone1 telegraph1 or other instrument of interstate or foreign commerce1 or in or affecting interstate or foreign commerce1 willfully makes any threat1 or maliciously conveys false information knowing the same to be false1 concerning an attempt or alleged attempt being made1 or to be made1 to kill1 injure1 or intimidate any individual or unlawfully to damage or destroy any building1 vehicle1 or other real or personal property by means of fire or an explosive shall be imprisoned for not more than #aj years4 7f7 ,malacious damage to ,government property 7#a7 ,whoever maliciously damages or destroys1 or attempts to damage or destroy1 by means of fire or an explosive1 any building1 vehicle1 or other personal or real property in whole or in part owned or possessed by1 or leased to1 the ,united ,states1 or any department or agency thereof1 or any institution or organization receiving ,federal financial assistance1 shall be imprisoned for not less than #e years and not more than #bj years4 7#b7 ,whoever engages in conduct prohibited by this subsection1 and as a result of such conduct1 directly or proximately causes personal injury or creates a substantial risk of injury to any person1 including any public safety officer performing duties1 shall be imprisoned for not less than #g years and not more than #dj years4 7#c7 ,whoever engages in conduct prohibited by this subsection1 and as a result of such conduct directly or proximately causes the death of any person1 including any public safety officer performing duties1 shall be subject to the death penalty1 or imprisoned for not less than #bj years or for life4 7g7 ,possession at airport 7#a7 ,except as provided in paragraph 7#b71 whoever possesses an explosive in an airport that is subject to the regulatory authority of the ,federal ,aviation ,administration1 or in any building in whole or in part owned1 possessed1 or used by1 or leased to1 the ,united ,states or any department or agency thereof1 except with the written consent of the agency1 department1 or other person responsible for the management of such building or airport1 shall be imprisoned for not more than five years4 7#b7 ,this subsection does not apply to-- 7,a7 the possession of ammunition 7as that term is defined in regulations issued pursuant to this chapter7 in an airport that is subject to the regulatory authority of the ,federal ,aviation ,administration if such ammunition is either in checked baggage or in a closed container2 or 7,b7 the possession of an explosive in an airport if the packaging and transportation of such explosive is exempt from1 or subject to and in accordance with1 regulations of the ,pipeline and ,hazardous ,materials ,safety ,administration for the handling of hazardous materials pursuant to chapter #ea of title #di4 7h7 ,use in connection with other crimes ,whoever-- 7#a7 uses fire or an explosive to commit any felony which may be prosecuted in a court of the ,united ,states1 or 7#b7 carries an explosive during the commission of any felony which may be prosecuted in a court of the ,united ,states1 including a felony which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device shall1 in addition to the punishment provided for such felony1 be sentenced to imprisonment for #aj years4 ,in the case of a second or subsequent conviction under this subsection1 such person shall be sentenced to imprisonment for #bj years4 ,notwithstanding any other provision of law1 the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection1 nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the felony in which the explosive was used or carried4 7i7 ,malicious damange to commerce-,related property ,whoever maliciously damages or destroys1 or attempts to damage or destroy1 by means of fire or an explosive1 any building1 vehicle1 or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not less than #e years and not more than #bj years2 and if personal injury results to any person1 including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection1 shall be imprisoned for not less than #g years and not more than #dj years2 and if death results to any person1 including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection1 shall also be subject to imprisonment for any term of years1 or to the death penalty or to life imprisonment4 7j7 ,definition ,for the purposes of subsections 7d71 7e71 7f71 7g71 7h71 and 7i7 of this section and section #fab7p77#b71 the term explosive means gunpowders1 powders used for blasting1 all forms of high explosives1 blasting materials1 fuzes 7other than electric circuit breakers71 detonators1 and other detonating agents1 smokeless powders1 other explosive or incendiary devices within the meaning of paragraph 7#d7 of section #bif1 and any chemical compounds1 mechanical mixture1 or device that contains any oxidizing and combustible units1 or other ingredients1 in such proportions1 quantities1 or packing that ignition by fire1 by friction1 by concussion1 by percussion1 or by detonation of the compound1 mixture1 or device or any part thereof may cause an explosion4 7k7 ,theft related to commerce ,a person who steals any explosives materials which are moving as1 or are a part of1 or which have moved in1 interstate or foreign commerce shall be imprisoned for not more than #aj years4 7l7 ,theft from licensee or permittee ,a person who steals any explosive material from a licensed importer1 licensed manufacturer1 or licensed dealer1 or from any permittee shall be imprisoned not more than #aj years4 7m7 ,conspiracy ,a person who conspires to commit an offense under subsection 7h7 shall be imprisoned for any term of years not exceeding #bj4 7n7 ,transfer with knowledge ,whoever knowingly transfers any explosive materials1 knowing or having reasonable cause to believe that such explosive materials will be used to commit a crime of violence 7as defined in section #ehd7;c77#c77 or drug trafficking crime 7as defined in section #ehd7;c77#b77 shall be subject to the same penalties as may be imposed under subsection 7h7 for a first conviction for the use or carrying of an explosive material4 7o7 ,theft reporting requirement 7#a7 ,a holder of a license or permit who knows that explosive materials have been stolen from that licensee or permittee1 shall report the theft to the ,attorney ,general not later than #bd hours after the discovery of the theft4 7#b7 ,a holder of a license or permit who does not report a theft in accordance with paragraph 7#a71 shall be imprisoned not more than #e years4 #fae4 ,exceptions2 relief from disabilities 7a7 ,exceptions ,except in the case of subsection 7l71 7m71 7n71 or 7o7 of section #fab and subsections 7d71 7e71 7f71 7g71 7h71 and 7i7 of section #fad1 this chapter does not apply to-- 7#a7 any aspect of the transportation of explosive materials via railroad1 water1 highway1 or air which are regulated by the ,united ,states ,department of ,transportation and agencies thereof1 and which pertain to safety2 7#b7 the use of explosive materials in medicines and medicinal agents in the forms prescribed by the official ,united ,states ,pharmacopeia1 or the ,national ,formulary2 7#c7 the transportation1 shipment1 receipt1 or importation of explosive materials for delivery to any agency of the ,united ,states or to any ,state or political subdivision thereof2 7#d7 small arms ammunition and components thereof2 7#e7 commercially manufactured black powder in quantities not to exceed fifty pounds1 percussion caps1 safety and pyrotechnic fuses1 quills1 quick and slow matches1 and friction primers1 intended to be used solely for sporting1 recreational1 or cultural purposes in antique firearms as defined in section #eha7ad71 or in antique devices as exempted from the term destructive device in section #eha7b72 7#f7 the manufacture under the regulation of the military department of the ,united ,states of explosive materials for1 or their distribution to or storage or possession by the military or naval services or other agencies of the ,united ,states2 or to arsenals1 navy yards1 depots1 or other establishments owned by1 or operated by or on behalf of1 the ,united ,states2 and 7#g7 the transportation1 shipment1 receipt1 or importation of display fireworks materials for delivery to a federally recognized ,indian tribe or tribal agency4 7b7 ,relief from disabilities 7#a7 ,a person who is prohibited from shipping1 transporting1 receiving1 or possessing any explosive under section #fab7;i7 may apply to the ,attorney ,general for relief from such prohibition4 7#b7 ,the ,attorney ,general may grant the relief requested under paragraph 7#a7 if the ,attorney ,general determines that the circumstances regarding the applicability of section #fab7;i71 and the applicant's record and reputation1 are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of such relief is not contrary to the public interest4 7#c7 ,a licensee or permittee who applies for relief1 under this subsection1 from the disabilities incurred under this chapter as a result of an indictment for or conviction of a crime punishable by imprisonment for a term exceeding #a year shall not be barred by such disability from further operations under the license or permit pending final action on an application for relief filed pursuant to this section4 7c7 ,affirmative defense 7#a7 ,it is an affirmative defense against any proceeding involving subsections 7l7 through 7o7 of section #fab if the proponent proves by a preponderance of the evidence that the plastic explosive-- 7,a7 consisted of a small amount of plastic explosive intended for and utilized solely in lawful-- 7i7 research1 development1 or testing of new or modified explosive materials2 7ii7 training in explosives detection or development or testing of explosives detection equipment2 or 7iii7 forensic science purposes2 or 7,b7 was plastic explosive that1 within #c years after the date of enactment of the ,antiterrorism and ,effective ,death ,penalty ,act of #aiif1 was incorporated in a military device within the territory of the ,united ,states and remains an integral part of such military device1 or is intended to be1 or is incorporated in1 and remains an integral part of a military device that is intended to become1 or has become1 the property of any agency of the ,united ,states performing military or police functions 7including any military reserve component7 or the ,national ,guard of any ,state1 wherever such device is located4 7#b7 ,in this subsection1 the term military device includes1 shells1 bombs1 projectiles1 mines1 missiles1 rockets1 shaped charges1 grenades1 perforators1 and similar devices lawfully manufactured exclusively for military or police purposes4 #faf4 ,additional powers of the ,attorney ,general 7a7 ,inspections ,the ,attorney ,general is authorized to inspect the site of any accident1 or fire1 in which there is reason to believe that explosive materials were involved1 in order that if any such incident has been brought about by accidental means1 precautions may be taken to prevent similar accidents from occurring4 ,in order to carry out the purpose of this subsection1 the ,attorney ,general is authorized to enter into or upon any property where explosive materials have been used1 are suspected of having been used1 or have been found in an otherwise unauthorized location4 ,nothing in this subchapter shall be construed as modifying or otherwise affecting in any way the investigative authority of any other ,federal agency4 ,in addition to any other investigatory authority they have with respect to violations of this subchapter1 the ,federal ,bureau of ,investigation1 together with the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives1 shall have authority to conduct investigations with respect to violations of subsection 7d71 7e71 7f71 7g71 7h71 or 7i7 of section #fad4 7b7 ,national repository ,the ,attorney ,general is authorized to establish a national repository of information on incidents involving arson and the suspected criminal misuse of explosives4 ,all ,federal agencies having information concerning such incidents shall report the information to the ,attorney ,general pursuant to such regulations as deemed necessary to carry out this subsection4 ,the repository shall also contain information on incidents voluntarily reported to the ,attorney ,general by ,state and local authorities4 #fag4 ,rules and regulations ,the administration of this subchapter shall be vested in the ,attorney ,general4 ,the ,attorney ,general may prescribe such rules and regulations as he deems reasonably necessary to carry out this subchapter4 ,the ,attorney ,general shall give reasonable public notice1 and afford to interested parties opportunity for hearing1 before prescribing such rules and regulations4 ,e ,,biological ,,weapons #fba4 ,prohibitions with respect to biological weapons4 #fbb4 ,requests for military assistance to enforce prohibition in certain emergencies4 #fbc4 ,possession by restricted persons4 #fbd4 ,variola virus4 #fbe4 ,seizure1 forfeiture1 and destruction4 #fbf4 ,injunctions4 #fbg4 ,definitions4 #fba4 ,prohibitions with respect to biological weapons 7a7 ,in general ,whoever knowingly develops1 produces1 stockpiles1 transfers1 acquires1 retains1 or possesses any biological agent1 toxin1 or delivery system for use as a weapon1 or knowingly assists a foreign state or any organization to do so shall be imprisoned for life or any term of years4 ,there is extraterritorial jurisdiction over an offense under this section committed by or against a national of the ,united ,states4 7b7 ,additional offense ,whoever knowingly possesses any biological agent1 toxin1 or delivery system of a type or in a quantity that1 under the circumstances1 is not reasonably justified by a prophylactic1 protective1 bona fide research1 or other peaceful purpose1 shall be imprisoned not more than #aj years4 ,in this subsection1 the terms biological agent and toxin do not encompass any biological agent or toxin that is in its naturally occurring environment1 if the biological agent or toxin has not been cultivated1 collected1 or otherwise extracted from its natural source4 7c7 ,definition ,for purposes of this section1 the term for use as a weapon includes the development1 production1 transfer1 acquisition1 retention1 or possession of any biological agent1 toxin1 or delivery system for other than prophylactic1 protective1 bona fide research1 or other peaceful purposes4 #fbb4 ,requests for military assistance to enforce prohibition in certain emergencies ,the ,attorney ,general may request the ,secretary of ,defense to provide assistance under section #chb of title #aj in support of ,department of ,justice activities relating to the enforcement of section #fba in an emergency situation involving a biological weapon of mass destruction4 ,the authority to make such a request may be exercised by another official of the ,department of ,justice in accordance with section #chb7;f77#b7 of title #aj4 #fbc4 ,possession by restricted persons 7a7 ,in general 7#a7 ,no restricted person shall ship or transport in or affecting interstate or foreign commerce1 or possess in or affecting interstate or foreign commerce1 any biological agent or toxin1 or receive any biological agent or toxin that has been shipped or transported in interstate or foreign commerce1 if the biological agent or toxin is listed as a non-overlap or overlap select biological agent or toxin in sections #gc4d and #gc4e of title #db1 ,code of ,federal ,regulations1 pursuant to section #cea;,a of the ,public ,health ,service ,act1 and is not excluded under sections #gc4d and #gc4e or exempted under section #gc4f of title #db1 ,code of ,federal ,regulations4 7#b7 ,whoever knowingly violates this section shall be imprisoned not more than #aj years1 but the prohibition contained in this section does not apply with respect to any duly authorized ,united ,states governmental activity4 7b7 ,transfer to unregistered person 7#a7 ,select agents ,whoever transfers a select agent to a person who the transferor knows or has reasonable cause to believe is not registered as required by regulations under subsection 7b7 or 7c7 of section #cea;,a of the ,public ,health ,service ,act shall be imprisoned for not more than #e years4 7#b7 ,certain other biological agents and toxins ,whoever transfers a biological agent or toxin listed pursuant to section #bab7;a77#a7 of the ,agricultural ,bioterrorism ,protection ,act of #bjjb to a person who the transferor knows or has reasonable cause to believe is not registered as required by regulations under subsection 7b7 or 7c7 of section #bab of such ,act shall be imprisoned for not more than #e years4 7c7 ,unregistered for possession 7#a7 ,select agents ,whoever knowingly possesses a biological agent or toxin where such agent or toxin is a select agent for which such person has not obtained a registration required by regulations under section #cea;,a7c7 of the ,public ,health ,service ,act shall be or imprisoned for not more than #e years4 7#b7 ,certain other biological agents and toxins ,whoever knowingly possesses a biological agent or toxin where such agent or toxin is a biological agent or toxin listed pursuant to section #bab7;a77#a7 of the ,agricultural ,bioterrorism ,protection ,act of #bjjb for which such person has not obtained a registration required by regulations under section #bab7;c7 of such ,act shall be imprisoned for not more than #e years4 7d7 ,definitions ,as used in this section3 7#a7 ,the term select agent means a biological agent or toxin to which subsection 7a7 applies4 ,such term 7including for purposes of subsection 7a77 does not include any such biological agent or toxin that is in its naturally-occurring environment1 if the biological agent or toxin has not been cultivated1 collected1 or otherwise extracted from its natural source4 7#b7 ,the term restricted person means an individual who-- 7,a7 is under indictment for a crime punishable by imprisonment for a term exceeding #a year2 7,b7 has been convicted in any court of a crime punishable by imprisonment for a term exceeding #a year2 7,c7 is a fugitive from justice2 7,d7 is an unlawful user of any controlled substance2 7,e7 is an alien illegally or unlawfully in the ,united ,states2 7,f7 has been adjudicated as a mental defective or has been committed to any mental institution2 7,g7 7i7 is an alien 7other than an alien lawfully admitted for permanent residence7 who is a national of a country as to which the ,secretary of ,state1 pursuant to section #f7;j7 of the ,export ,administration ,act of #aigi1 section #fbj;,a of chapter #a of part ,m of the ,foreign ,assistance ,act of #aifa1 or section #dj7;d7 of chapter #c of the ,arms ,export ,control ,act1 has made a determination 7that remains in effect7 that such country has repeatedly provided support for acts of international terrorism1 or 7ii7 acts for or on behalf of1 or operates subject to the direction or control of1 a government or official of a country described in this subparagraph2 7,h7 has been discharged from the ,armed ,services of the ,united ,states under dishonorable conditions2 or 7,i7 is a member of1 acts for or on behalf of1 or operates subject to the direction or control of1 a terrorist organization as defined in section #bab7;a77#c77;,b77vi7 of the ,immigration and ,nationality ,act4 7#c7 ,the term alien has the same meaning as in section #aja7;a77#c7 of the ,immigration and ,nationality ,act4 7#d7 ,the term lawfully admitted for permanent residence has the same meaning as in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act4 #fbd4 ,variola virus 7a7 ,unlawful conduct 7#a7 ,in general ,except as provided in paragraph 7#b71 it shall be unlawful for any person to knowingly produce1 engineer1 synthesize1 acquire1 transfer directly or indirectly1 receive1 possess1 import1 export1 or use1 or possess and threaten to use1 variola virus4 7#b7 ,exception ,this subsection does not apply to conduct by1 or under the authority of1 the ,secretary of ,health and ,human ,services4 7b7 ,jurisdiction ,conduct prohibited by subsection 7a7 is within the jurisdiction of the ,united ,states if-- 7#a7 the offense occurs in or affects interstate or foreign commerce2 7#b7 the offense occurs outside of the ,united ,states and is committed by a national of the ,united ,states2 7#c7 the offense is committed against a national of the ,united ,states while the national is outside the ,united ,states2 7#d7 the offense is committed against any property that is owned1 leased1 or used by the ,united ,states or by any department or agency of the ,united ,states1 whether the property is within or outside the ,united ,states2 or 7#e7 an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section4 7c7 ,criminal penalties 7#a7 ,in general ,whoever violates subsection 7a7 shall be sentenced to a term of imprisonment not less than #be years or to imprisonment for life4 7#b7 ,other circumstances ,whoever1 in the course of a violation of subsection 7a71 uses or possesses and threatens to use1 any item or items described in subsection 7a71 shall be imprisoned for not less than #cj years or imprisoned for life4 7#c7 ,special circumstances ,if the death of another results from a person's violation of subsection 7a71 the person shall be punished by imprisonment for life4 7d7 ,definition ,as used in this section1 the term variola virus means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than #he percent of the gene sequence of the variola major virus or the variola minor virus4 #fbe4 ,seizure1 forfeiture1 and destruction 7a7 ,in general 7#a7 ,except as provided in paragraph 7#b71 the ,attorney ,general may request the issuance1 in the same manner as provided for a search warrant1 of a warrant authorizing the seizure of any biological agent1 toxin1 or delivery system that-- 7,a7 pertains to conduct prohibited under section #fba2 or 7,b7 is of a type or in a quantity that under the circumstances has no apparent justification for prophylactic1 protective1 or other peaceful purposes4 7#b7 ,in exigent circumstances1 seizure and destruction of any biological agent1 toxin1 or delivery system described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 may be made upon probable cause without the necessity for a warrant4 7b7 ,procedure ,property seized pursuant to subsection 7a7 shall be forfeited to the ,united ,states after notice to potential claimants and an opportunity for a hearing4 ,at such hearing1 the ,government shall bear the burden of persuasion by a preponderance of the evidence4 ,except as inconsistent herewith1 the same procedures and provisions of law relating to a forfeiture under the customs laws shall extend to a seizure or forfeiture under this section4 ,the ,attorney ,general may provide for the destruction or other appropriate disposition of any biological agent1 toxin1 or delivery system seized and forfeited pursuant to this section4 7c7 ,affirmative defense ,it is an affirmative defense against a forfeiture under subsection 7a77#a77;,b7 of this section that-- 7#a7 such biological agent1 toxin1 or delivery system is for a prophylactic1 protective1 or other peaceful purpose2 and 7#b7 such biological agent1 toxin1 or delivery system1 is of a type and quantity reasonable for that purpose4 #fbf4 ,injunctions 7a7 ,in general ,the ,united ,states may obtain in a civil action an injunction against-- 7#a7 the conduct prohibited under section #fba2 7#b7 the preparation1 solicitation1 attempt1 threat1 or conspiracy to engage in conduct prohibited under section #fba2 or 7#c7 the development1 production1 stockpiling1 transferring1 acquisition1 retention1 or possession1 or the attempted development1 production1 stockpiling1 transferring1 acquisition1 retention1 or possession of any biological agent1 toxin1 or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic1 protective1 or other peaceful purposes4 7b7 ,affirmative defense ,it is an affirmative defense against an injunction under subsection 7a77#c7 that-- 7#a7 the conduct sought to be enjoined is for a prophylactic1 protective1 or other peaceful purpose2 and 7#b7 such biological agent1 toxin1 or delivery system is of a type and quantity reasonable for that purpose4 #fbg4 ,definitions ,as used in this chapter-- 7#a7 the term biological agent means any microorganism 7including bacteria1 viruses1 fungi1 rickettsiae or protozoa71 or infectious substance1 or any naturally occurring1 bioengineered or synthesized component of any such microorganism or infectious substance1 capable of causing-- 7,a7 death1 disease1 or other biological malfunction in a human1 an animal1 a plant1 or another living organism2 7,b7 deterioration of food1 water1 equipment1 supplies1 or material of any kind2 or 7,c7 deleterious alteration of the environment2 7#b7 the term toxin means the toxic material or product of plants1 animals1 microorganisms 7including bacteria1 viruses1 fungi1 rickettsiae or protozoa71 or infectious substances1 or a recombinant or synthesized molecule1 whatever their origin and method of production1 and includes-- 7,a7 any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism2 or 7,b7 any poisonous isomer or biological product1 homolog1 or derivative of such a substance2 7#c7 the term delivery system means-- 7,a7 any apparatus1 equipment1 device1 or means of delivery specifically designed to deliver or disseminate a biological agent1 toxin1 or vector2 or 7,b7 any vector2 and 7#d7 the term vector means a living organism1 or molecule1 including a recombinant or synthesized molecule1 capable of carrying a biological agent or toxin to a host4 ,f ,,chemical ,,weapons #fca4 ,prohibited activities4 #fcb4 ,penalties4 #fcc4 ,individual self-defense devices4 #fcd4 ,injunctions4 #fce4 ,requests for military assistance to enforce prohibition in certain emergencies4 #fcf4 ,definitions4 #fca4 ,prohibited activities 7a7 ,unlawful conduct ,except as provided in subsection 7b71 it shall be unlawful for any person knowingly-- 7#a7 to develop1 produce1 otherwise acquire1 transfer directly or indirectly1 receive1 stockpile1 retain1 own1 possess1 or use1 or threaten to use1 any chemical weapon2 or 7#b7 to assist or induce1 in any way1 any person to violate paragraph 7#a74 7b7 ,exempted agencies and persons 7#a7 ,in general ,subsection 7a7 does not apply to the retention1 ownership1 possession1 transfer1 or receipt of a chemical weapon by a department1 agency1 or other entity of the ,united ,states1 or by a person described in paragraph 7#b71 pending destruction of the weapon4 7#b7 ,exempted persons ,a person referred to in paragraph 7#a7 is-- 7,a7 any person1 including a member of the ,armed ,forces of the ,united ,states1 who is authorized by law or by an appropriate officer of the ,united ,states to retain1 own1 possess1 transfer1 or receive the chemical weapon2 or 7,b7 in an emergency situation1 any otherwise nonculpable person if the person is attempting to destroy or seize the weapon4 7c7 ,jurisdiction ,conduct prohibited by subsection 7a7 is within the jurisdiction of the ,united ,states if the prohibited conduct-- 7#a7 takes place in the ,united ,states2 7#b7 takes place outside of the ,united ,states and is committed by a national of the ,united ,states2 7#c7 is committed against a national of the ,united ,states while the national is outside the ,united ,states2 or 7#d7 is committed against any property that is owned1 leased1 or used by the ,united ,states or by any department or agency of the ,united ,states1 whether the property is within or outside the ,united ,states4 #fcb4 ,penalties 7a7 ,criminal penalties 7#a7 ,in general ,whoever violates section #fca shall be imprisoned for any term of years4 7#b7 ,death penalty ,whoever violates section #fca and by whose action the death of another person is the result shall be punished by death or imprisoned for life4 7b7 ,civil penalties 7#a7 ,in general ,the ,attorney ,general may bring a civil action in the appropriate ,united ,states district court against any person who violates section #fca and1 upon proof of such violation by a preponderance of the evidence1 such person shall be subject to pay a civil penalty in an amount not to exceed #ajj1jjj for each such violation4 7#b7 ,relation to other proceedings ,the imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory1 common law1 or administrative remedy1 which is available by law to the ,united ,states or any other person4 7c7 ,reimbursement of costs ,the court shall order any person convicted of an offense under subsection 7a7 to reimburse the ,united ,states for any expenses incurred by the ,united ,states incident to the seizure1 storage1 handling1 transportation1 and destruction or other disposition of any property that was seized in connection with an investigation of the commission of the offense by that person4 ,a person ordered to reimburse the ,united ,states for expenses under this subsection shall be jointly and severally liable for such expenses with each other person1 if any1 who is ordered under this subsection to reimburse the ,united ,states for the same expenses4 #fcc4 ,individual self-defense devices ,this subchapter does not prohibit any individual self-defense device1 including one using a pepper spray or chemical mace4 #fcd4 ,injunctions ,the ,united ,states may obtain in a civil action an injunction against-- 7#a7 the conduct prohibited under section #fca or #fcc2 or 7#b7 the preparation or solicitation to engage in conduct prohibited under section #fca or #fcd4 #fce4 ,requests for military assistance to enforce prohibition in certain emergencies ,the ,attorney ,general may request the ,secretary of ,defense to provide assistance under section #chb of title #aj in support of ,department of ,justice activities relating to the enforcement of section #fca in an emergency situation involving a chemical weapon4 ,the authority to make such a request may be exercised by another official of the ,department of ,justice in accordance with section #chb7;f77#b7 of title #aj4 #fcf4 ,definitions ,in this chapter the following apply3 7#a7 ,chemical weapon ,the term chemical weapon means the following1 together or separately3 7,a7 ,a toxic chemical and its precursors1 except where intended for a purpose not prohibited under this chapter as long as the type and quantity is consistent with such a purpose4 7,b7 ,a munition or device1 specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph 7,a71 which would be released as a result of the employment of such munition or device4 7,c7 ,any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph 7,b74 7#b7 ,chemical weapons convention2 convention ,the terms ,chemical ,weapons ,convention and ,convention mean the ,convention on the ,prohibition of the ,development1 ,production1 ,stockpiling and ,use of ,chemical ,weapons and on ,their ,destruction1 opened for signature on ,january #ac1 #aiic4 7#c7 ,key component of a binary or multicomponent chemical system ,the term key component of a binary or multicomponent chemical system means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system4 7#d7 ,precursor 7,a7 ,in general ,the term precursor means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical4 ,the term includes any key component of a binary or multicomponent chemical system4 7,b7 ,list of precursors ,precursors which have been identified for the application of verification measures under ,article ,,vi of the ,convention are listed in schedules contained in the ,annex on ,chemicals of the ,chemical ,weapons ,convention4 7#e7 ,purposes not prohibited by this chapter ,the term purposes not prohibited by this chapter means the following3 7,a7 ,peaceful purposes ,any peaceful purpose related to an industrial1 agricultural1 research1 medical1 or pharmaceutical activity or other activity4 7,b7 ,protective purposes ,any purpose directly related to protection against toxic chemicals and to protection against chemical weapons4 7,c7 ,unrelated military purposes ,any military purpose of the ,united ,states that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm4 7,d7 ,law enforcement purposes ,any law enforcement purpose1 including any domestic riot control purpose and including imposition of capital punishment4 7#f7 ,toxic chemical 7,a7 ,in general ,the term toxic chemical means any chemical which through its chemical action on life processes can cause death1 temporary incapacitation or permanent harm to humans or animals4 ,the term includes all such chemicals1 regardless of their origin or of their method of production1 and regardless of whether they are produced in facilities1 in munitions or elsewhere4 7,b7 ,list of toxic chemicals ,toxic chemicals which have been identified for the application of verification measures under ,article ,,vi of the ,convention are listed in schedules contained in the ,annex on ,chemicals of the ,chemical ,weapons ,convention4 #bc ,,theft ,,and ,,related ,,crimes ,subchapter ,a4 ,embezzlement and theft ,b4 ,stolen property ,c4 ,counterfeiting and forgery ,a ,,embezzlement ,,and ,,theft #fda4 ,public money1 property or records4 #fdb4 ,accounting generally for public money4 #fdc4 ,officer or employee of ,united ,states converting property of another4 #fdd4 ,theft1 embezzlement1 or misapplication by bank officer or employee4 #fde4 ,lending1 credit1 and insurance institutions4 #fdf4 ,property mortgaged or pledged to farm credit agencies4 #fdg4 ,interstate or foreign shipments by carrier4 #fdh4 ,carrier's funds derived from commerce4 #fdi4 ,within special maritime and territorial jurisdiction4 #fej4 ,receiving stolen property within special maritime and territorial jurisdiction4 #fea4 ,theft or embezzlement from employee benefit plan4 #feb4 ,theft or embezzlement from employment and training funds2 improper inducement4 #fec4 ,theft or bribery concerning programs receiving ,federal funds4 #fed4 ,theft of major artwork4 #fee4 ,theft or embezzlement in connection with health care4 #fef4 ,embezzlement of labor organization assets4 #feg4 ,theft of medical products4 #fda4 ,public money1 property or records 7a7 ,offense ,whoever-- 7#a7 embezzles1 steals1 purloins1 or knowingly converts to his use or the use of another1 or without authority1 sells1 conveys or disposes of any record1 voucher1 money1 or thing of value of the ,united ,states or of any department or agency thereof1 or any property made or being made under contract for the ,united ,states or any department or agency thereof2 or 7#b7 receives1 conceals1 or retains the same with intent to convert it to his use or gain1 knowing it to have been embezzled1 stolen1 purloined or converted2 shall be imprisoned not more than ten years2 but if the value of such property in the aggregate1 combining amounts from all the counts for which the defendant is convicted in a single case1 does not exceed the sum of #a1jjj1 he shall be imprisoned not more than one year4 7b7 ,definition ,as used in this section1 the term value means face1 par1 or market value1 or cost price1 either wholesale or retail1 whichever is greater4 #fdb4 ,accounting generally for public money ,whoever1 being an officer1 employee or agent of the ,united ,states or of any department or agency thereof1 having received public money which he is not authorized to retain as salary1 pay1 or emolument1 fails to render his accounts for the same as provided by law is guilty of embezzlement1 and shall be or imprisoned not more than ten years2 but if the amount embezzled does not exceed #a1jjj1 he shall be imprisoned not more than one year4 #fdc4 ,officer or employee of ,united ,states converting property of another ,whoever1 being an officer or employee of the ,united ,states or of any department or agency thereof1 embezzles or wrongfully converts to his own use the money or property of another which comes into his possession or under his control in the execution of such office or employment1 or under color or claim of authority as such officer or employee1 shall be imprisoned not more than ten years2 but if the sum embezzled is #a1jjj or less1 he shall be imprisoned not more than one year4 #fdd4 ,theft1 embezzlement1 or misapplication by bank officer or employee 7a7 ,offense ,whoever1 being an officer1 director1 agent or employee of1 or connected in any capacity with any ,federal ,reserve bank1 member bank1 depository institution holding company1 national bank1 insured bank1 branch or agency of a foreign bank1 or organization operating under section #be or section #be;,a of the ,federal ,reserve ,act1 or a receiver of a national bank1 insured bank1 branch1 agency1 or organization or any agent or employee of the receiver1 or a ,federal ,reserve ,agent1 or an agent or employee of a ,federal ,reserve ,agent or of the ,board of ,governors of the ,federal ,reserve ,system1 embezzles1 abstracts1 purloins or knowingly misapplies any of the moneys1 funds or credits of such bank1 branch1 agency1 or organization or holding company or any moneys1 funds1 assets or securities intrusted to the custody or care of such bank1 branch1 agency1 or organization1 or holding company or to the custody or care of any such agent1 officer1 director1 employee or receiver1 shall be imprisoned not more than #cj years2 but if the amount embezzled1 abstracted1 purloined or misapplied does not exceed #a1jjj1 he shall be imprisoned not more than one year4 7b7 ,definitions ,as used in this section-- 7#a7 the term member bank means any national bank1 state bank1 or bank and trust company which has become a member of one of the ,federal ,reserve banks2 7#b7 the term insured bank means any bank1 banking association1 trust company1 savings bank1 or other banking institution1 the deposits of which are insured by the ,federal ,deposit ,insurance ,corporation2 7#c7 the term branch or agency of a foreign bank means a branch or agency described in paragraph 7,e7 of the definition of financial institution in section #a2 and 7#d7 the term depository institution holding company has the meaning given such term in section #c of the ,federal ,deposit ,insurance ,act4 #fde4 ,lending1 credit1 and insurance institutions ,whoever1 being an officer1 agent or employee of or connected in any capacity with the ,federal ,deposit ,insurance ,corporation1 ,national ,credit ,union ,administration1 any ,federal home loan bank1 the ,federal ,housing ,finance ,agency1 ,farm ,credit ,administration1 ,department of ,housing and ,urban ,development1 ,federal ,crop ,insurance ,corporation1 the ,secretary of ,agriculture acting through the ,farmers ,home ,administration or successor agency1 the ,rural ,development ,administration or successor agency1 or the ,farm ,credit ,system ,insurance ,corporation1 a ,farm ,credit ,bank1 a bank for cooperatives or any lending1 mortgage1 insurance1 credit or savings and loan corporation or association authorized or acting under the laws of the ,united ,states or any institution1 other than an insured bank 7as defined in section #fdd71 the accounts of which are insured by the ,federal ,deposit ,insurance ,corporation1 or by the ,national ,credit ,union ,administration ,board or any small business investment company1 or any community development financial institution receiving financial assistance under the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid1 and whoever1 being a receiver of any such institution1 or agent or employee of the receiver1 embezzles1 abstracts1 purloins or knowingly misapplies any moneys1 funds1 credits1 securities or other things of value belonging to such institution1 or pledged or otherwise intrusted to its care1 shall be imprisoned not more than #cj years2 but if the amount or value embezzled1 abstracted1 purloined or misapplied does not exceed #a1jjj1 he shall be imprisoned not more than one year4 #fdf4 ,property mortgaged or pledged to farm credit agencies ,whoever1 with intent to defraud1 knowingly conceals1 removes1 disposes of1 or converts to his own use or to that of another1 any property mortgaged or pledged to1 or held by1 the ,farm ,credit ,administration1 any ,federal intermediate credit bank1 or the ,federal ,crop ,insurance ,corporation1 the ,secretary of ,agriculture acting through the ,farmers ,home ,administration or successor agency1 the ,rural ,development ,administration or successor agency1 any regional agricultural credit corporation1 or any bank for cooperatives1 shall be imprisoned not more than five years2 but if the value of such property does not exceed #a1jjj1 he shall be imprisoned not more than one year4 #fdg4 ,interstate or foreign shipments by carrier ,whoever-- 7#a7 embezzles1 steals1 or unlawfully takes1 carries away1 or conceals1 or by fraud or deception obtains from any pipeline system1 railroad car1 wagon1 motortruck1 trailer1 or other vehicle1 or from any tank or storage facility1 station1 station house1 platform or depot or from any steamboat1 vessel1 or wharf1 or from any aircraft1 air cargo container1 air terminal1 airport1 aircraft terminal or air navigation facility1 or from any intermodal container1 trailer1 container freight station1 warehouse1 or freight consolidation facility1 with intent to convert to his own use any goods or chattels moving as or which are a part of or which constitute an interstate or foreign shipment of freight1 express1 or other property2 7#b7 buys or receives or has in his possession any such goods or chattels1 knowing the same to have been embezzled or stolen2 7#c7 embezzles1 steals1 or unlawfully takes1 carries away1 or by fraud or deception obtains with intent to convert to his own use any baggage which shall have come into the possession of any common carrier for transportation in interstate or foreign commerce or breaks into1 steals1 takes1 carries away1 or conceals any of the contents of such baggage1 or buys1 receives1 or has in his possession any such baggage or any article therefrom of whatever nature1 knowing the same to have been embezzled or stolen2 or 7#d7 embezzles1 steals1 or unlawfully takes by any fraudulent device1 scheme1 or game1 from any railroad car1 bus1 vehicle1 steamboat1 vessel1 or aircraft operated by any common carrier moving in interstate or foreign commerce or from any passenger thereon any money1 baggage1 goods1 or chattels1 or whoever buys1 receives1 or has in his possession any such money1 baggage1 goods1 or chattels1 knowing the same to have been embezzled or stolen2 shall be imprisoned not more than ten years1 but if the amount or value of such money1 baggage1 goods1 or chattels does not exceed #a1jjj1 shall be imprisoned not more than one year4 ,if the offense involves a pre-retail medical product 7as defined in section #feg71 it shall be punished under section #feg unless the penalties provided for under this section are greater4 #fdh4 ,carrier's funds derived from commerce 7a7 ,offense ,whoever1 being a president1 director1 officer1 or manager of any firm1 association1 or corporation engaged in commerce as a common carrier1 or whoever1 being an employee of such common carrier riding in or upon any railroad car1 motortruck1 steamboat1 vessel1 aircraft or other vehicle of such carrier moving in interstate commerce1 embezzles1 steals1 abstracts1 or knowingly misapplies1 or knowingly permits to be misapplied1 any of the moneys1 funds1 credits1 securities1 property1 or assets of such firm1 association1 or corporation arising or accruing from1 or used in1 such commerce1 in whole or in part1 or knowingly converts the same to his own use or to the use of another1 shall be imprisoned not more than ten years4 7b7 ,venue ,the offense shall be deemed to have been committed not only in the district where the violation first occurred but also in any district in which the defendant may have taken or had possession of such moneys1 funds1 credits1 securities1 property or assets4 #fdi4 ,within special maritime and territorial jurisdiction ,whoever1 within the special maritime and territorial jurisdiction of the ,united ,states1 takes and carries away1 with intent to steal or purloin1 any personal property of another shall1 if the property taken is of a value exceeding #a1jjj1 or is taken from the person of another1 be imprisoned not more than five years1 and in all other cases1 imprisoned not more than one year4 #fej4 ,receiving stolen property within special maritime and territorial jurisdiction ,whoever1 within the special maritime and territorial jurisdiction of the ,united ,states1 buys1 receives1 or conceals any money1 goods1 bank notes1 or other thing which may be the subject of larceny1 which has been feloniously taken1 stolen1 or embezzled1 from any other person1 knowing the same to have been so taken1 stolen1 or embezzled1 shall be imprisoned not more than three years1 but if the amount or value of thing so taken1 stolen or embezzled does not exceed #a1jjj1 the offender shall be imprisoned not more than one year4 #fea4 ,theft or embezzlement from employee benefit plan 7a7 ,offense ,whoever embezzles1 steals1 or unlawfully and knowingly abstracts or converts any property of any employee welfare benefit plan or employee pension benefit plan1 or of any fund connected therewith1 shall be imprisoned not more than five years4 7b7 ,definition ,as used in this section1 the term any employee welfare benefit plan or employee pension benefit plan means any employee benefit plan subject to any provision of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd4 #feb4 ,theft or embezzlement from employment and training funds2 improper inducement 7a7 ,theft or embezzlement from employment and training funds ,whoever1 being an officer1 director1 agent1 or employee of1 or connected in any capacity with any agency or organization receiving financial assistance or any funds under the ,job ,training ,partnership ,act or title ,i of the ,workforce ,investment ,act of #aiih knowingly enrolls an ineligible participant1 embezzles1 misapplies1 steals1 or obtains by fraud any property that is the subject of a financial assistance agreement or contract pursuant to such ,act shall be imprisoned for not more than #b years1 but if the amount so embezzled1 misapplied1 stolen1 or obtained by fraud does not exceed #a1jjj1 the offender shall be imprisoned not more than #a year4 7b7 ,improper inducement ,whoever1 by threat or procuring dismissal of any person from employment or of refusal to employ or refusal to renew a contract of employment in connection with a financial assistance agreement or contract under the ,job ,training ,partnership ,act or title ,i of the ,workforce ,investment ,act of #aiih induces any person to give up any money or thing of any value to any person 7including such organization or agency receiving funds7 shall be imprisoned not more than #a year4 #fec4 ,theft or bribery concerning programs receiving ,federal funds 7a7 ,offense ,whoever1 as made applicable by subsection 7b7-- 7#a7 being an agent of an organization1 or of a ,state1 local1 or ,indian tribal government1 or any agency thereof-- 7,a7 embezzles1 steals1 obtains by fraud1 or otherwise without authority knowingly converts or intentionally misapplies1 property that-- 7i7 is valued at #e1jjj or more1 and 7ii7 is owned by1 or is under the care1 custody1 or control of such organization1 government1 or agency2 or 7,b7 corruptly solicits or demands for the benefit of any person1 or accepts or agrees to accept1 anything of value from any person1 intending to be influenced or rewarded in connection with any business1 transaction1 or series of transactions of such organization1 government1 or agency involving any thing of value of #e1jjj or more2 or 7#b7 corruptly gives1 offers1 or agrees to give anything of value to any person1 with intent to influence or reward an agent of an organization or of a ,state1 local or ,indian tribal government1 or any agency thereof1 in connection with any business1 transaction1 or series of transactions of such organization1 government1 or agency involving anything of value of #e1jjj or more2 shall be imprisoned not more than #aj years4 7b7 ,applicability ,subsection 7a7 applies if the organization1 government1 or agency receives1 in any one year period1 benefits in excess of #aj1jjj under a ,federal program involving a grant1 contract1 subsidy1 loan1 guarantee1 insurance1 or other form of ,federal assistance4 7c7 ,exclusion ,this section does not apply to bona fide salary1 wages1 fees1 or other compensation paid1 or expenses paid or reimbursed1 in the usual course of business4 7d7 ,definitions ,as used in this section-- 7#a7 the term agent means a person authorized to act on behalf of another person or a government and1 in the case of an organization or government1 includes a servant or employee1 and a partner1 director1 officer1 manager1 and representative2 7#b7 the term government agency means a subdivision of the executive1 legislative1 judicial1 or other branch of government1 including a department1 independent establishment1 commission1 administration1 authority1 board1 and bureau1 and a corporation or other legal entity established1 and subject to control1 by a government or governments for the execution of a governmental or intergovernmental program2 7#c7 the term local means of or pertaining to a political subdivision within a ,state2 and 7#d7 the term in any one-year period means a continuous period that commences no earlier than twelve months before the commission of the offense or that ends no later than twelve months after the commission of the offense4 ,such period may include time both before and after the commission of the offense4 #fed4 ,theft of major artwork 7a7 ,offenses ,a person who-- 7#a7 steals or obtains by fraud from the care1 custody1 or control of a museum any object of cultural heritage2 or 7#b7 knowing that an object of cultural heritage has been stolen or obtained by fraud1 if in fact the object was stolen or obtained from the care1 custody1 or control of a museum 7whether or not that fact is known to the person71 receives1 conceals1 exhibits1 or disposes of the object1 shall be imprisoned not more than #aj years4 7b7 ,definitions ,in this section-- 7#a7 the term museum means an organized and permanent institution1 the activities of which affect interstate or foreign commerce1 that-- 7,a7 is situated in the ,united ,states2 7,b7 is established for an essentially educational or aesthetic purpose2 7,c7 has a professional staff2 and 7,d7 owns1 utilizes1 and cares for tangible objects that are exhibited to the public on a regular schedule2 and 7#b7 the term object of cultural heritage means an object that is-- 7,a7 over #ajj years old and worth in excess of #e1jjj2 or 7,b7 worth at least #ajj1jjj4 #fee4 ,theft or embezzlement in connection with health care ,whoever knowingly embezzles1 steals1 or otherwise without authority converts or intentionally misapplies any of the moneys1 funds1 securities1 premiums1 credits1 property1 or other assets of a health care benefit program1 shall be imprisoned not more than #aj years1 but if the value of such property does not exceed the sum of #ajj the offender shall be imprisoned not more than one year4 #fef4 ,embezzlement of labor organization assets 7a7 ,offense ,whoever1 being an officer or employee of a labor organization1 embezzles1 steals1 or unlawfully and knowingly abstracts or converts any of the property of the organization shall be imprisoned for not more than five years4 7b7 ,definition ,as used in this section the term labor organization has the meaning given that term in the ,national ,labor ,relations ,act4 #feg4 ,theft of medical products 7a7 ,prohibited conduct ,whoever1 in1 or using any means or facility of1 interstate or foreign commerce-- 7#a7 embezzles1 steals1 or by fraud or deception obtains1 or knowingly and unlawfully takes1 carries away1 or conceals a pre-retail medical product2 7#b7 knowingly and falsely makes1 alters1 forges1 or counterfeits the labeling or documentation 7including documentation relating to origination or shipping7 of a pre-retail medical product2 7#c7 possesses1 transports1 or traffics in a pre-retail medical product that was involved in a violation of paragraph 7#a7 or 7#b72 7#d7 with intent to defraud1 buys1 or otherwise obtains1 a pre-retail medical product that has expired or been stolen2 or 7#e7 with intent to defraud1 sells1 or distributes1 a pre-retail medical product that is expired or stolen2 shall be punished as provided in subsection 7c7 and be subject to the other sanctions provided in this section4 7b7 ,aggravated offenses ,an offense under this section is an aggravated offense if-- 7#a7 the defendant is employed by1 or is an agent of1 an organization in the supply chain for the pre-retail medical product2 or 7#b7 the violation-- 7,a7 involves the use of violence1 force1 or a threat of violence or force2 7,b7 involves the use of a deadly weapon2 7,c7 results in serious bodily injury or death1 including serious bodily injury or death resulting from the use of the medical product involved2 or 7,d7 is subsequent to a prior conviction for an offense under this section4 7c7 ,criminal penalties ,whoever violates subsection 7a7-- 7#a7 if the offense is an aggravated offense under subsection 7b77#b77;,c71 shall be fined under this title or imprisoned not more than #cj years1 or both2 7#b7 if the value of the medical products involved in the offense is #e1jjj or greater1 shall be fined under this title1 imprisoned for not more than #ae years1 or both1 but if the offense is an aggravated offense other than one under subsection 7b77#b77;,c71 the maximum term of imprisonment is #bj years2 and 7#c7 in any other case1 shall be fined under this title1 imprisoned for not more than #c years1 or both1 but if the offense is an aggravated offense other than one under subsection 7b77#b77;,c71 the maximum term of imprisonment is #e years4 7d7 ,civil penalties ,whoever violates subsection 7a7 is subject to a civil penalty in an amount not more than the greater of-- 7#a7 three times the economic loss attributable to the violation2 or 7#b7 #a1jjj1jjj4 7e7 ,definitions ,in this section-- 7#a7 the term pre-retail medical product means a medical product that has not yet been made available for retail purchase by a consumer2 7#b7 the term medical product means a drug1 biological product1 device1 medical food1 or infant formula2 7#c7 the terms device1 drug1 infant formula1 and labeling have1 respectively1 the meanings given those terms in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 7#d7 the term biological product has the meaning given the term in section #cea of the ,public ,health ,service ,act2 7#e7 the term medical food has the meaning given the term in section #e7;b7 of the ,orphan ,drug ,act2 and 7#f7 the term supply chain includes manufacturer1 wholesaler1 repacker1 own-labeled distributor1 private-label distributor1 jobber1 broker1 drug trader1 transportation company1 hospital1 pharmacy1 or security company4 ,b ,,stolen ,,property #fgj4 ,definitions for subchapter4 #fga4 ,transportation of stolen vehicles4 #fgb4 ,sale or receipt of stolen vehicles4 #fgc4 ,transportation of stolen goods1 securities1 moneys1 fraudulent ,state tax stamps1 or articles used in counterfeiting4 #fgd4 ,sale or receipt of stolen goods1 securities1 moneys1 or fraudulent ,state tax stamps4 #fge4 ,trafficking in counterfeit labels1 illicit labels1 or counterfeit documentation or packaging4 #fgf4 ,criminal infringement of a copyright4 #fgg4 ,copyright infringement4 #fgh4 ,unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances4 #fgi4 ,unauthorized recording of motion pictures in a motion picture exhibition facility4 #fhj4 ,trafficking in counterfeit goods or services4 #fha4 ,trafficking in certain motor vehicles or motor vehicle parts4 #fhb4 ,chop shops4 #fgj4 ,definitions for subchapter ,the following definitions apply in this subchapter3 7#a7 ,the term aircraft means any contrivance now known or hereafter invented1 used1 or designed for navigation of or for flight in the air4 7#b7 ,the term money means the legal tender of the ,united ,states or of any foreign country1 or any counterfeit thereof4 7#c7 ,the term motor vehicle means an automobile1 automobile truck1 automobile wagon1 motorcycle1 or any other self-propelled vehicle designed for running on land but not on rails4 7#d7 ,the term securities means any note1 stock certificate1 bond1 debenture1 check1 draft1 warrant1 traveler's check1 letter of credit1 warehouse receipt1 negotiable bill of lading1 evidence of indebtedness1 certificate of interest or participation in any profit-sharing agreement1 collateral-trust certificate1 preorganization certificate or subscription1 transferable share1 investment contract1 voting-trust certificate2 valid or blank motor vehicle title2 certificate of interest in property1 tangible or intangible2 instrument or document or writing evidencing ownership of goods1 wares1 and merchandise1 or transferring or assigning any right1 title1 or interest in or to goods1 wares1 and merchandise2 or1 in general1 any instrument commonly known as a security1 or any certificate of interest or participation in1 temporary or interim certificate for1 receipt for1 warrant1 or right to subscribe to or purchase any of the foregoing1 or any forged1 counterfeited1 or spurious representation of any of the foregoing4 7#e7 ,the term tax stamp means any tax stamp1 tax token1 tax meter imprint1 or any other form of evidence of an obligation running to a ,state1 or evidence of the discharge thereof4 7#f7 ,the term value means the face1 par1 or market value1 whichever is the greatest1 and the aggregate value of all goods1 wares1 and merchandise1 securities1 and money referred to in a single indictment shall constitute the value thereof4 7#g7 ,the term vessel means any watercraft or other contrivance used or designed for transportation or navigation on1 under1 or immediately above1 water4 #fga4 ,transportation of stolen vehicles ,whoever transports in interstate or foreign commerce a motor vehicle1 vessel1 or aircraft1 knowing the same to have been stolen1 shall be imprisoned not more than #aj years4 #fgb4 ,sale or receipt of stolen vehicles ,whoever receives1 possesses1 conceals1 stores1 barters1 sells1 or disposes of any motor vehicle1 vessel1 or aircraft1 which has crossed a ,state or ,united ,states boundary after being stolen1 knowing the same to have been stolen1 shall be imprisoned not more than #aj years4 #fgc4 ,transportation of stolen goods1 securities1 moneys1 fraudulent ,state tax stamps1 or articles used in counterfeiting ,whoever-- 7#a7 transports1 transmits1 or transfers in interstate or foreign commerce any goods1 wares1 merchandise1 securities or money1 of the value of #e1jjj or more1 knowing the same to have been stolen1 converted or taken by fraud2 7#b7 having devised or intending to devise any scheme or artifice to defraud1 or for obtaining money or property by means of false or fraudulent pretenses1 representations1 or promises1 transports or causes to be transported1 or induces any person or persons to travel in1 or to be transported in interstate or foreign commerce in the execution or concealment of a scheme or artifice to defraud that person or those persons of money or property having a value of #e1jjj or more2 7#c7 with unlawful intent1 transports in interstate or foreign commerce any falsely made1 forged1 altered1 or counterfeited securities or tax stamps1 knowing the same to have been falsely made1 forged1 altered1 or counterfeited2 7#d7 with unlawful intent1 transports in interstate or foreign commerce any traveler's check bearing a forged countersignature2 7#e7 with unlawful intent1 transports in interstate or foreign commerce1 any tool1 implement1 or thing used or fitted to be used in falsely making1 forging1 altering1 or counterfeiting any security or tax stamps1 or any part thereof2 or 7#f7 transports1 transmits1 or transfers in interstate or foreign commerce any veterans' memorial object1 knowing the same to have been stolen1 converted or taken by fraud2 shall be imprisoned not more than ten years4 ,if the offense involves a pre-retail medical product 7as defined in section #feg71 it shall be punished under section #feg unless the penalties provided for the offense under this section are greater4 ,if the offense involves the transportation1 transmission1 or transfer in interstate or foreign commerce of veterans' memorial objects with a value1 in the aggregate1 of less than #a1jjj1 the defendant shall be fined under this title or imprisoned not more than one year1 or both4 ,for purposes of this section the term veterans' memorial object means a grave marker1 headstone1 monument1 or other object1 intended to permanently honor a veteran or mark a veteran's grave1 or any monument that signifies an event of national military historical significance4 #fgd4 ,sale or receipt of stolen goods1 securities1 moneys1 or fraudulent ,state tax stamps ,whoever-- 7#a7 receives1 possesses1 conceals1 stores1 barters1 sells1 or disposes of any goods1 wares1 or merchandise1 securities1 or money of the value of #e1jjj or more1 or pledges or accepts as security for a loan any goods1 wares1 or merchandise1 or securities1 of the value of #ejj or more1 which have crossed a ,state or ,united ,states boundary after being stolen1 unlawfully converted1 or taken1 knowing the same to have been stolen1 unlawfully converted1 or taken2 7#b7 receives1 possesses1 conceals1 stores1 barters1 sells1 or disposes of any falsely made1 forged1 altered1 or counterfeited securities or tax stamps1 or pledges or accepts as security for a loan any falsely made1 forged1 altered1 or counterfeited securities or tax stamps1 moving as1 or which are a part of1 or which constitute interstate or foreign commerce1 knowing the same to have been so falsely made1 forged1 altered1 or counterfeited2 7#c7 receives in interstate or foreign commerce1 or conceals1 stores1 barters1 sells1 or disposes of1 any tool1 implement1 or thing used or intended to be used in falsely making1 forging1 altering1 or counterfeiting any security or tax stamp1 or any part thereof1 moving as1 or which is a part of1 or which constitutes interstate or foreign commerce1 knowing that the same is fitted to be used1 or has been used1 in falsely making1 forging1 altering1 or counterfeiting any security or tax stamp1 or any part thereof2 or 7#d7 receives1 possesses1 conceals1 stores1 barters1 sells1 or disposes of any veterans' memorial object which has crossed a ,state or ,united ,states boundary after being stolen1 unlawfully converted1 or taken1 knowing the same to have been stolen1 unlawfully converted1 or taken2 shall be imprisoned not more than ten years4 ,if the offense involves a pre-retail medical product 7as defined in section #feg71 it shall be punished under section #feg unless the penalties provided for the offense under this section are greater4 ,if the offense involves the receipt1 possession1 concealment1 storage1 barter1 sale1 or disposal of veterans' memorial objects with a value1 in the aggregate1 of less than #a1jjj1 the defendant shall be fined under this title or imprisoned not more than one year1 or both4 ,for purposes of this section the term veterans' memorial object means a grave marker1 headstone1 monument1 or other object1 intended to permanently honor a veteran or mark a veteran's grave1 or any monument that signifies an event of national military historical significance4 #fge4 ,trafficking in counterfeit labels1 illicit labels1 or counterfeit documentation or packaging 7a7 ,offense ,whoever1 as made applicable by subsection 7c71 knowingly traffics in-- 7#a7 a counterfeit label or illicit label affixed to1 enclosing1 or accompanying1 or designed to be affixed to1 enclose1 or accompany-- 7,a7 a phonorecord2 7,b7 a copy of a computer program2 7,c7 a copy of a motion picture or other audiovisual work2 7,d7 a copy of a literary work2 7,e7 a copy of a pictorial1 graphic1 or sculptural work2 7,f7 a work of visual art2 or 7,g7 documentation or packaging2 or 7#b7 counterfeit documentation or packaging1 shall be imprisoned for not more than #e years4 7b7 ,definitions ,as used in this section-- 7#a7 the term counterfeit label means an identifying label or container that appears to be genuine1 but is not2 7#b7 the term traffic has the meaning given that term in section #fhj2 7#c7 the terms copy1 phonorecord1 motion picture1 computer program1 audiovisual work1 literary work1 pictorial1 graphic1 or sculptural work1 sound recording1 work of visual art1 and copyright owner have1 respectively1 the meanings given those terms in section #aja 7relating to definitions7 of title #ag2 7#d7 the term illicit label means a genuine certificate1 licensing document1 registration card1 or similar labeling component-- 7,a7 that is used by the copyright owner to verify that a phonorecord1 a copy of a computer program1 a copy of a motion picture or other audiovisual work1 a copy of a literary work1 a copy of a pictorial1 graphic1 or sculptural work1 a work of visual art1 or documentation or packaging is not counterfeit or infringing of any copyright2 and 7,b7 that is1 without the authorization of the copyright owner-- 7i7 distributed or intended for distribution not in connection with the copy1 phonorecord1 or work of visual art to which such labeling component was intended to be affixed by the respective copyright owner2 or 7ii7 in connection with a genuine certificate or licensing document1 knowingly falsified in order to designate a higher number of licensed users or copies than authorized by the copyright owner1 unless that certificate or document is used by the copyright owner solely for the purpose of monitoring or tracking the copyright owner's distribution channel and not for the purpose of verifying that a copy or phonorecord is noninfringing2 7#e7 the term documentation or packaging means documentation or packaging1 in physical form1 for a phonorecord1 copy of a computer program1 copy of a motion picture or other audiovisual work1 copy of a literary work1 copy of a pictorial1 graphic1 or sculptural work1 or work of visual art2 and 7#f7 the term counterfeit documentation or packaging means documentation or packaging that appears to be genuine1 but is not4 7c7 ,application ,subsection 7a7 applies if-- 7#a7 the offense is committed within the special maritime and territorial jurisdiction of the ,united ,states or within the special aircraft jurisdiction of the ,united ,states 7as defined in section #dfeja of title #di72 7#b7 the mail or a facility of interstate or foreign commerce is used or intended to be used in the commission of the offense2 7#c7 the counterfeit label or illicit label is affixed to1 encloses1 or accompanies1 or is designed to be affixed to1 enclose1 or accompany-- 7,a7 a phonorecord of a copyrighted sound recording or copyrighted musical work2 7,b7 a copy of a copyrighted computer program2 7,c7 a copy of a copyrighted motion picture or other audiovisual work2 7,d7 a copy of a literary work2 7,e7 a copy of a pictorial1 graphic1 or sculptural work2 7,f7 a work of visual art2 or 7,g7 copyrighted documentation or packaging2 or 7#d7 the counterfeited documentation or packaging is copyrighted4 7d7 ,civil remedies 7#a7 ,in general ,any copyright owner who is injured1 or is threatened with injury1 by a violation of subsection 7a7 may bring a civil action in an appropriate ,united ,states district court4 7#b7 ,discretion of court ,in any action brought under paragraph 7#a71 the court-- 7,a7 may grant #a or more temporary or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain a violation of subsection 7a72 7,b7 at any time while the action is pending1 may order the impounding1 on such terms as the court determines to be reasonable1 of any article that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation of subsection 7a72 and 7,c7 may award to the injured party-- 7i7 reasonable attorney fees and costs2 and 7ii7 7,i7 actual damages and any additional profits of the violator1 as provided in paragraph 7#c72 or 7,,ii7 statutory damages1 as provided in paragraph 7#d74 7#c7 ,actual damages and profits 7,a7 ,in general ,the injured party is entitled to recover-- 7i7 the actual damages suffered by the injured party as a result of a violation of subsection 7a71 as provided in subparagraph 7,b7 of this paragraph2 and 7ii7 any profits of the violator that are attributable to a violation of subsection 7a7 and are not taken into account in computing the actual damages4 7,b7 ,calculation of damages ,the court shall calculate actual damages by multiplying-- 7i7 the value of the phonorecords1 copies1 or works of visual art which are1 or are intended to be1 affixed with1 enclosed in1 or accompanied by any counterfeit labels1 illicit labels1 or counterfeit documentation or packaging1 by 7ii7 the number of phonorecords1 copies1 or works of visual art which are1 or are intended to be1 affixed with1 enclosed in1 or accompanied by any counterfeit labels1 illicit labels1 or counterfeit documentation or packaging4 7,c7 ,definition ,for purposes of this paragraph1 the value of a phonorecord1 copy1 or work of visual art is-- 7i7 in the case of a copyrighted sound recording or copyrighted musical work1 the retail value of an authorized phonorecord of that sound recording or musical work2 7ii7 in the case of a copyrighted computer program1 the retail value of an authorized copy of that computer program2 7iii7 in the case of a copyrighted motion picture or other audiovisual work1 the retail value of an authorized copy of that motion picture or audiovisual work2 7iv7 in the case of a copyrighted literary work1 the retail value of an authorized copy of that literary work2 7v7 in the case of a pictorial1 graphic1 or sculptural work1 the retail value of an authorized copy of that work2 and 7vi7 in the case of a work of visual art1 the retail value of that work4 7#d7 ,statutory damages ,the injured party may elect1 at any time before final judgment is rendered1 to recover1 instead of actual damages and profits1 an award of statutory damages for each violation of subsection 7a7 in a sum of not less than #b1ejj or more than #be1jjj1 as the court considers appropriate4 7#e7 ,subsequent violation ,the court may increase an award of damages under this subsection by #c times the amount that would otherwise be awarded1 as the court considers appropriate1 if the court finds that a person has subsequently violated subsection 7a7 within #c years after a final judgment was entered against that person for a violation of that subsection4 7#f7 ,limitation on actions ,a civil action may not be commenced under this subsection unless it is commenced within #c years after the date on which the claimant discovers the violation of subsection 7a74 #fgf4 ,criminal infringement of a copyright 7a7 ,section #fgg offenses in general ,whoever violates section #fgg shall be punished as provided in subsections 7b71 7c71 and 7d74 7b7 ,subsection 7a77#a77;,a7 offenses ,whoever commits an offense under section #fgg7;a77#a77;,a7-- 7#a7 shall be imprisoned not more than #e years1 if the offense consists of the reproduction or distribution1 including by electronic means1 during any #ahj-;day period1 of at least #aj copies or phonorecords1 of #a or more copyrighted works1 which have a total retail value of more than #b1ejj2 7#b7 shall be imprisoned not more than #aj years if the offense is a felony and is a second or subsequent offense under subsection 7a72 and 7#c7 shall be imprisoned not more than #a year in any other case4 7c7 ,subsection 7a77#a77;,b7 offenses ,whoever commits an offense under section #fgg7;a77#a77;,b7-- 7#a7 shall be imprisoned not more than #c years1 if the offense consists of the reproduction or distribution of #aj or more copies or phonorecords of #a or more copyrighted works1 which have a total retail value of #b1ejj or more2 7#b7 shall be imprisoned not more than #f years1 or if the offense is a felony and is a second or subsequent offense under subsection 7a72 and 7#c7 shall be imprisoned not more than #a year1 or if the offense consists of the reproduction or distribution of #a or more copies or phonorecords of #a or more copyrighted works1 which have a total retail value of more than #a1jjj4 7d7 ,subsection 7a77#a77;,c7 offenses ,whoever commits an offense under section #fgg7;a77#a77;,c7-- 7#a7 shall be imprisoned not more than #c years2 7#b7 shall be imprisoned not more than #e years if the offense was committed for purposes of commercial advantage or private financial gain2 7#c7 shall be imprisoned not more than #f years if the offense is a second or subsequent offense2 and 7#d7 shall be imprisoned not more than #aj years if the offense is a second or subsequent offense under paragraph 7#b74 7e7 ,victim impact 7#a7 ,in general ,during preparation of the presentence report pursuant to ,rule #cb7;c7 of the ,federal ,rules of ,criminal ,procedure1 victims of the offense shall be permitted to submit1 and the probation officer shall receive1 a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim1 including the estimated economic impact of the offense on that victim4 7#b7 ,persons permitted to submit ,persons permitted to submit victim impact statements shall include-- 7,a7 producers and sellers of legitimate works affected by conduct involved in the offense2 7,b7 holders of intellectual property rights in such works2 and 7,c7 the legal representatives of such producers1 sellers1 and holders4 7f7 ,definitions ,as used in this section-- 7#a7 the terms phonorecord and copies have1 respectively1 the meanings set forth in section #aja 7relating to definitions7 of title #ag2 7#b7 the terms reproduction and distribution refer to the exclusive rights of a copyright owner under clauses 7#a7 and 7#c7 respectively of section #ajf 7relating to exclusive rights in copyrighted works71 as limited by sections #ajg through #abb1 of title #ag2 7#c7 the term financial gain has the meaning given the term in section #aja of title #ag2 and 7#d7 the term work being prepared for commercial distribution has the meaning given the term in section #fgg4 #fgg4 ,copyright infringement 7a7 ,criminal infringement 7#a7 ,in general ,whoever knowingly infringes a copyright shall be punished as provided under section #fgf1 if the infringement was committed-- 7,a7 for purposes of commercial advantage or private financial gain2 7,b7 by the reproduction or distribution1 including by electronic means1 during any #ahj-;day period1 of #a or more copies or phonorecords of #a or more copyrighted works1 which have a total retail value of more than #a1jjj2 or 7,c7 by the distribution of a work being prepared for commercial distribution1 by making it available on a computer network accessible to members of the public1 if such person knew or should have known that the work was intended for commercial distribution4 7#b7 ,evidence ,for purposes of this subsection1 evidence of reproduction or distribution of a copyrighted work1 by itself1 shall not be sufficient to establish knowing infringement of a copyright4 7#c7 ,definition ,in this subsection1 the term work being prepared for commercial distribution means-- 7,a7 a computer program1 a musical work1 a motion picture or other audiovisual work1 or a sound recording1 if1 at the time of unauthorized distribution-- 7i7 the copyright owner has a reasonable expectation of commercial distribution2 and 7ii7 the copies or phonorecords of the work have not been commercially distributed2 or 7,b7 a motion picture1 if1 at the time of unauthorized distribution1 the motion picture-- 7i7 has been made available for viewing in a motion picture exhibition facility2 and 7ii7 has not been made available in copies for sale to the general public in the ,united ,states in a format intended to permit viewing outside a motion picture exhibition facility4 7b7 ,fraudulent copyright notice ,whoever1 with fraudulent intent1 places on any article a notice of copyright or words of the same purport that such person knows to be false1 or who1 with fraudulent intent1 publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false1 shall be fined not more than #b1ejj4 7c7 ,fraudulent removal of copyright notice ,whoever1 with fraudulent intent1 removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than #b1ejj4 7d7 ,false representation ,whoever knowingly makes a false representation of a material fact in the application for copyright registration provided for by section #dji of title #ag1 or in any written statement filed in connection with the application1 shall be fined not more than #b1ejj4 7e7 ,rights of attribution and integrity ,nothing in this section applies to infringement of the rights conferred by section #ajf;,a7a7 of title #ag4 #fgh4 ,unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances 7a7 ,offense ,whoever1 without the consent of the performer or performers involved1 knowingly and for purposes of commercial advantage or private financial gain-- 7#a7 fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord1 or reproduces copies or phonorecords of such a performance from an unauthorized fixation2 7#b7 transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance2 or 7#c7 distributes or offers to distribute1 sells or offers to sell1 rents or offers to rent1 or traffics in any copy or phonorecord fixed as described in paragraph 7#a71 regardless of whether the fixations occurred in the ,united ,states2 shall be imprisoned for not more than #e years1 or if the offense is a second or subsequent offense1 shall be imprisoned for not more than #aj years4 7b7 ,seizure and forfeiture ,if copies or phonorecords of sounds or sounds and images of a live musical performance are fixed outside of the ,united ,states without the consent of the performer or performers involved1 such copies or phonorecords are subject to seizure and forfeiture in the ,united ,states in the same manner as property imported in violation of the customs laws4 ,the ,secretary of ,homeland ,security shall issue regulations by which any performer may1 upon payment of a specified fee1 be entitled to notification by ,united ,states ,customs and ,border ,protection of the importation of copies or phonorecords that appear to consist of unauthorized fixations of the sounds or sounds and images of a live musical performance4 7c7 ,victim impact statement 7#a7 ,during preparation of the presentence report pursuant to ,rule #cb7;c7 of the ,federal ,rules of ,criminal ,procedure1 victims of the offense shall be permitted to submit1 and the probation officer shall receive1 a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim1 including the estimated economic impact of the offense on that victim4 7#b7 ,persons permitted to submit victim impact statements shall include-- 7,a7 producers and sellers of legitimate works affected by conduct involved in the offense2 7,b7 holders of intellectual property rights in such works2 and 7,c7 the legal representatives of such producers1 sellers1 and holders4 7d7 ,definitions ,as used in this section-- 7#a7 the terms copy1 fixed1 musical work1 phonorecord1 reproduce1 sound recordings1 and transmit mean those terms within the meaning of title #ag2 and 7#b7 the term traffic has the meaning given that term in section #fhj4 7e7 ,applicability ,this section applies to any conduct that occurs on or after the date of the enactment of the ,uruguay ,round ,agreements ,act4 #fgi4 ,unauthorized recording of motion pictures in a motion picture exhibition facility 7a7 ,offense ,whoever1 without the authorization of the copyright owner1 knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a motion picture or other audiovisual work protected under title #ag1 or any part thereof1 from a performance of such work in a motion picture exhibition facility1 shall-- 7#a7 be imprisoned for not more than #c years2 or 7#b7 if the offense is a second or subsequent offense1 be imprisoned for no more than #f years4 ,the possession by a person of an audiovisual recording device in a motion picture exhibition facility may be considered as evidence in any proceeding to determine whether that person committed an offense under this subsection1 but shall not1 by itself1 be sufficient to support a conviction of that person for such offense4 7b7 ,authorized activities ,this section does not prevent any lawfully authorized investigative1 protective1 or intelligence activity by an officer1 agent1 or employee of the ,united ,states1 a ,state1 or a political subdivision of a ,state1 or by a person acting under a contract with the ,united ,states1 a ,state1 or a political subdivision of a ,state4 7c7 ,immunity for theaters ,with reasonable cause1 the owner or lessee of a motion picture exhibition facility where a motion picture or other audiovisual work is being exhibited1 the authorized agent or employee of such owner or lessee1 the licensor of the motion picture or other audiovisual work being exhibited1 or the agent or employee of such licensor-- 7#a7 may detain1 in a reasonable manner and for a reasonable time1 any person suspected of a violation of this section with respect to that motion picture or audiovisual work for the purpose of questioning or summoning a law enforcement officer2 and 7#b7 shall not be held liable in any civil or criminal action arising out of a detention under paragraph 7#a74 7d7 ,victim impact statement 7#a7 ,in general ,during the preparation of the presentence report under rule #cb7;c7 of the ,federal ,rules of ,criminal ,procedure1 victims of an offense under this section shall be permitted to submit to the probation officer a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim1 including the estimated economic impact of the offense on that victim4 7#b7 ,contents ,a victim impact statement submitted under this subsection shall include-- 7,a7 producers and sellers of legitimate works affected by conduct involved in the offense2 7,b7 holders of intellectual property rights in the works described in subparagraph 7,a72 and 7,c7 the legal representatives of such producers1 sellers1 and holders4 7e7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,title #ag definitions ,the terms audiovisual work1 copy1 copyright owner1 motion picture1 motion picture exhibition facility1 and transmit have1 respectively1 the meanings given those terms in section #aja of title #ag4 7#b7 ,audiovisual recording device ,the term audiovisual recording device means a digital or analog photographic or video camera1 or any other technology or device capable of enabling the recording or transmission of a copyrighted motion picture or other audiovisual work1 or any part thereof1 regardless of whether audiovisual recording is the sole or primary purpose of the device4 #fhj4 ,trafficking in counterfeit goods or services 7a7 ,offenses ,whoever intentionally-- 7#a7 traffics in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services1 7#b7 traffics in labels1 patches1 stickers1 wrappers1 badges1 emblems1 medallions1 charms1 boxes1 containers1 cans1 cases1 hangtags1 documentation1 or packaging of any type or nature1 knowing that a counterfeit mark has been applied thereto1 the use of which is likely to cause confusion1 to cause mistake1 or to deceive1 7#c7 traffics in goods or services knowing that such good or service is a counterfeit military good or service the use1 malfunction1 or failure of which is likely to cause serious bodily injury or death1 the disclosure of classified information1 impairment of combat operations1 or other significant harm to a combat operation1 a member of the ,armed ,forces1 or to national security1 or 7#d7 traffics in a counterfeit drug1 shall be punished as provided in subsection 7b74 7b7 ,penalties 7#a7 ,in general ,whoever commits an offense under subsection 7a7-- 7,a7 if an individual1 shall be fined not more than #b1jjj1jjj or imprisoned not more than #aj years1 or both1 and1 if a person other than an individual1 shall be fined not more than #e1jjj1jjj2 and 7,b7 for a second or subsequent offense under subsection 7a71 if an individual1 shall be fined not more than #e1jjj1jjj or imprisoned not more than #bj years1 or both1 and if other than an individual1 shall be fined not more than #ae1jjj1jjj4 7#b7 ,serious bodily injury or death 7,a7 ,serious bodily injury ,whoever knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of subsection 7a71 if an individual1 shall be fined not more than #e1jjj1jjj or imprisoned for not more than #bj years1 or both1 and if other than an individual1 shall be fined not more than #ae1jjj1jjj4 7,b7 ,death ,whoever knowingly or recklessly causes or attempts to cause death from conduct in violation of subsection 7a71 if an individual1 shall be fined not more than #e1jjj1jjj or imprisoned for any term of years or for life1 or both1 and if other than an individual1 shall be fined not more than #ae1jjj1jjj4 7#c7 ,counterfeit military goods or services and counterfeit drugs ,whoever commits an offense under subsection 7a7 involving a counterfeit military good or service or counterfeit drug-- 7,a7 if an individual1 shall be fined not more than #e1jjj1jjj1 imprisoned not more than #bj years1 or both1 and if other than an individual1 be fined not more than #ae1jjj1jjj2 and 7,b7 for a second or subsequent offense1 if an individual1 shall be fined not more than #ae1jjj1jjj1 imprisoned not more than #cj years1 or both1 and if other than an individual1 shall be fined not more than #cj1jjj1jjj4 7c7 ,forfeiture and destruction of property2 restitution ,forfeiture1 destruction1 and restitution relating to this section shall be subject to section #bcbc1 to the extent provided in that section1 in addition to any other similar remedies provided by law4 7d7 ,application of ,lanham ,act defenses2 affirmative defenses2 and limitation on remedies ,all defenses1 affirmative defenses1 and limitations on remedies that would be applicable in an action under the ,lanham ,act shall be applicable in a prosecution under this section4 ,in a prosecution under this section1 the defendant shall have the burden of proof1 by a preponderance of the evidence1 of any such affirmative defense4 7e7 ,presentence report 7#a7 ,during preparation of the presentence report pursuant to ,rule #cb7;c7 of the ,federal ,rules of ,criminal ,procedure1 victims of the offense shall be permitted to submit1 and the probation officer shall receive1 a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim1 including the estimated economic impact of the offense on that victim4 7#b7 ,persons permitted to submit victim impact statements shall include-- 7,a7 producers and sellers of legitimate goods or services affected by conduct involved in the offense2 7,b7 holders of intellectual property rights in such goods or services2 and 7,c7 the legal representatives of such producers1 sellers1 and holders4 7f7 ,definitions ,in this section-- 7#a7 the term counterfeit drug means a drug1 as defined by section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 that uses a counterfeit mark on or in connection with the drug2 7#b7 the term counterfeit mark means-- 7,a7 a spurious mark-- 7i7 that is used in connection with trafficking in any goods1 services1 labels1 patches1 stickers1 wrappers1 badges1 emblems1 medallions1 charms1 boxes1 containers1 cans1 cases1 hangtags1 documentation1 or packaging of any type or nature2 7ii7 that is identical with1 or substantially indistinguishable from1 a mark registered on the principal register in the ,united ,states ,patent and ,trademark ,office and in use1 whether or not the defendant knew such mark was so registered2 7iii7 that is applied to or used in connection with the goods or services for which the mark is registered with the ,united ,states ,patent and ,trademark ,office1 or is applied to or consists of a label1 patch1 sticker1 wrapper1 badge1 emblem1 medallion1 charm1 box1 container1 can1 case1 hangtag1 documentation1 or packaging of any type or nature that is designed1 marketed1 or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the ,united ,states ,patent and ,trademark ,office2 and 7iv7 the use of which is likely to cause confusion1 to cause mistake1 or to deceive2 or 7,b7 a spurious designation that is identical with1 or substantially indistinguishable from1 a designation as to which the remedies of the ,lanham ,act are made available by reason of section #bbjejf of title #cf2 but such term does not include any mark or designation used in connection with goods or services1 or a mark or designation applied to labels1 patches1 stickers1 wrappers1 badges1 emblems1 medallions1 charms1 boxes1 containers1 cans1 cases1 hangtags1 documentation1 or packaging of any type or nature used in connection with such goods or services1 of which the manufacturer or producer was1 at the time of the manufacture or production in question1 authorized to use the mark or designation for the type of goods or services so manufactured or produced1 by the holder of the right to use such mark or designation2 7#c7 the term financial gain includes the receipt1 or expected receipt1 of anything of value2 7#d7 the term ,lanham ,act means the ,act entitled ,an ,act to provide for the registration and protection of trademarks used in commerce1 to carry out the provisions of certain international conventions1 and for other purposes1 approved ,july #e1 #aidf 7#ae ,u4,s4,c4 #ajea et seq472 7#e7 the term counterfeit military good or service means a good or service that uses a counterfeit mark on or in connection with such good or service and that-- 7,a7 is falsely identified or labeled as meeting military specifications1 or 7,b7 is intended for use in a military or national security application2 and 7#f7 the term traffic means to transport1 transfer1 or otherwise dispose of1 to another1 for purposes of commercial advantage or private financial gain1 or to make1 import1 export1 obtain control of1 or possess1 with intent to so transport1 transfer1 or otherwise dispose of4 7g7 ,limitation on cause of action ,nothing in this section shall entitle the ,united ,states to bring a criminal cause of action under this section for the repackaging of genuine goods or services not intended to deceive or confuse4 7h7 ,report to congress 7#a7 ,beginning with the first year after the date of enactment of this subsection1 the ,attorney ,general shall include in the report of the ,attorney ,general to ,congress on the business of the ,department of ,justice prepared pursuant to section #ebb of title #bh1 an accounting1 on a district by district basis1 of the following with respect to all actions taken by the ,department of ,justice that involve trafficking in counterfeit labels for phonorecords1 copies of computer programs or computer program documentation or packaging1 copies of motion pictures or other audiovisual works 7as defined in section #bcah of this title71 criminal infringement of copyrights 7as defined in section #bcai of this title71 unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances 7as defined in section #bcai;,a of this title71 or trafficking in goods or services bearing counterfeit marks 7as defined in section #bcbj of this title73 7,a7 ,the number of open investigations4 7,b7 ,the number of cases referred by the ,united ,states ,customs ,service4 7,c7 ,the number of cases referred by other agencies or sources4 7,d7 ,the number and outcome1 including settlements1 sentences1 recoveries1 and penalties1 of all prosecutions brought under sections #bcah1 #bcai1 #bcai;,a1 and #bcbj of title #ah4 7#b7 7,a7 ,the report under paragraph 7#a71 with respect to criminal infringement of copyright1 shall include the following3 7i7 ,the number of infringement cases in these categories3 audiovisual 7videos and films72 audio 7sound recordings72 literary works 7books and musical compositions72 computer programs2 video games2 and1 others4 7ii7 ,the number of online infringement cases4 7iii7 ,the number and dollar amounts of fines assessed in specific categories of dollar amounts4 ,these categories shall be3 no fines ordered2 fines under #ejj2 fines from #ejj to #a1jjj2 fines from #a1jjj to #e1jjj2 fines from #e1jjj to #aj1jjj2 and fines over #aj1jjj4 7iv7 ,the total amount of restitution ordered in all copyright infringement cases4 7,b7 ,in this paragraph1 the term online infringement cases as used in paragraph 7#b7 means those cases where the infringer-- 7i7 advertised or publicized the infringing work on the ,internet2 or 7ii7 made the infringing work available on the ,internet for download1 reproduction1 performance1 or distribution by other persons4 7,c7 ,the information required under subparagraph 7,a7 shall be submitted in the report required in fiscal year #bjje and thereafter4 7i7 ,transshipment and exportation ,no goods or services1 the trafficking in of which is prohibited by this section1 shall be transshipped through or exported from the ,united ,states4 ,any such transshipment or exportation shall be deemed a violation of section #db of an ,act to provide for the registration of trademarks used in commerce1 to carry out the provisions of certain international conventions1 and for other purposes1 approved ,july #e1 #aidf 7commonly referred to as the ,trademark ,act of #aidf or the ,lanham ,act74 #fha4 ,trafficking in certain motor vehicles or motor vehicle parts 7a7 ,offense ,whoever buys1 receives1 possesses1 or obtains control of1 with intent to sell or otherwise dispose of1 a motor vehicle or motor vehicle part1 knowing that an identification number for such motor vehicle or part has been removed1 obliterated1 tampered with1 or altered1 shall be imprisoned not more than ten years4 7b7 ,nonapplicability ,subsection 7a7 does not apply if the removal1 obliteration1 tampering1 or alteration-- 7#a7 is caused by collision or fire2 or 7#b7 is not a violation of section #gag4 7c7 ,definitions ,as used in this section1 the terms identification number and motor vehicle have the meaning given those terms in section #gag4 #fhb4 ,chop shops 7a7 ,in general 7#a7 ,unlawful action ,whoever knowingly owns1 operates1 maintains1 or controls a chop shop or conducts operations in a chop shop shall be punished by imprisonment for not more than #ae years4 ,if a conviction of a person under this paragraph is for a violation committed after the first conviction of such person under this paragraph1 the maximum punishment shall be doubled with respect to any fine and imprisonment4 7#b7 ,injunctions ,the ,attorney ,general shall1 as appropriate1 in the case of any person who violates paragraph 7#a71 commence a civil action for permanent or temporary injunction to restrain such violation4 7b7 ,definition ,for purposes of this section1 the term chop shop means any building1 lot1 facility1 or other structure or premise where one or more persons engage in receiving1 concealing1 destroying1 disassembling1 dismantling1 reassembling1 or storing any passenger motor vehicle or passenger motor vehicle part which has been unlawfully obtained in order to alter1 counterfeit1 deface1 destroy1 disguise1 falsify1 forge1 obliterate1 or remove the identity1 including the vehicle identification number or derivative thereof1 of such vehicle or vehicle part and to distribute1 sell1 or dispose of such vehicle or vehicle part in interstate or foreign commerce4 ,c ,,counterfeiting ,,and ,,forgery #fia4 ,counterfeit ,acts committed outside the ,united ,states4 #fib4 ,obligations or securities of ,united ,states4 #fic4 ,uttering counterfeit obligations or securities4 #fid4 ,dealing in counterfeit obligations or securities4 #fie4 ,plates1 stones1 or analog1 digital1 or electronic images for counterfeiting obligations or securities4 #fif4 ,deterrents to counterfeiting of obligations and securities4 #fig4 ,taking impressions of tools used for obligations or securities4 #fih4 ,possessing or selling impressions of tools used for obligations or securities4 #fii4 ,foreign obligations or securities4 #gjj4 ,uttering counterfeit foreign obligations or securities4 #gja4 ,possessing counterfeit foreign obligations or securities4 #gjb4 ,plates1 stones1 or analog1 digital1 or electronic images for counterfeiting foreign obligations or securities4 #gjc4 ,uttering counterfeit foreign bank notes4 #gjd4 ,connecting parts of different notes4 #gje4 ,tokens or paper used as money4 #gjf4 ,forfeiture of counterfeit paraphernalia4 #gjg4 ,bonds and obligations of certain lending agencies4 #gjh4 ,contracts1 deeds1 and powers of attorney4 #gji4 ,military or naval discharge certificates4 #gaj4 ,military1 naval1 or official passes4 #gaa4 ,money orders4 #gab4 ,postage stamps1 postage meter stamps1 and postal cards4 #gac4 ,printing and filming of ,united ,states and foreign obligations and securities4 #gad4 ,seals of courts2 signatures of judges or ,court officers4 #gae4 ,seals of departments or agencies4 #gaf4 ,forging endorsements on ,treasury checks or bonds or securities of the ,united ,states4 #gag4 ,altering or removing motor vehicle identification numbers4 #gah4 ,securities of the ,states and private entities4 #gai4 ,fictitious obligations4 #fia4 ,counterfeit ,acts committed outside the ,united ,states ,whoever1 outside the ,united ,states1 engages in the act of-- 7#a7 making1 dealing1 or possessing any counterfeit obligation or other security of the ,united ,states2 or 7#b7 making1 dealing1 or possessing any plate1 stone1 analog1 digital1 or electronic image1 or other thing1 or any part thereof1 used to counterfeit such obligation or security1 if such act would constitute a violation of section #fib1 #fid1 or #fie if committed within the ,united ,states1 shall be punished as is provided for the like offense within the ,united ,states4 #fib4 ,obligations or securities of ,united ,states ,whoever1 with intent to defraud1 falsely makes1 forges1 counterfeits1 or alters any obligation or other security of the ,united ,states1 shall be imprisoned not more than #bj years4 #fic4 ,uttering counterfeit obligations or securities ,whoever1 with intent to defraud1 passes1 utters1 publishes1 or sells1 or attempts to pass1 utter1 publish1 or sell1 or with like intent brings into the ,united ,states or keeps in possession or conceals any falsely made1 forged1 counterfeited1 or altered obligation or other security of the ,united ,states1 shall be imprisoned not more than #bj years4 #fid4 ,dealing in counterfeit obligations or securities ,whoever buys1 sells1 exchanges1 transfers1 receives1 or delivers any false1 forged1 counterfeited1 or altered obligation or other security of the ,united ,states1 with the intent that the same be passed1 published1 or used as true and genuine1 shall be imprisoned not more than #bj years4 #fie4 ,plates1 stones1 or analog1 digital1 or electronic images for counterfeiting obligations or securities 7a7 ,offense ,whoever-- 7#a7 having control1 custody1 or possession of any plate1 stone1 or other thing1 or any part thereof1 from which has been printed1 or which may be prepared by direction of the ,secretary of the ,treasury for the purpose of printing1 any obligation or other security of the ,united ,states1 uses such plate1 stone1 or other thing1 or any part thereof1 or knowingly suffers the same to be used for the purpose of printing any such or similar obligation or other security1 or any part thereof1 except as may be printed for the use of the ,united ,states by order of the proper officer thereof2 7#b7 makes or executes any plate1 stone1 or other thing in the likeness of any plate designated for the printing of such obligation or other security2 7#c7 with intent to defraud1 makes1 executes1 acquires1 scans1 captures1 records1 receives1 transmits1 reproduces1 sells1 or has in such person's control1 custody1 or possession1 an analog1 digital1 or electronic image of any obligation or other security of the ,united ,states2 7#d7 sells any such plate1 stone1 or other thing1 or brings into the ,united ,states any such plate1 stone1 or other thing1 except under the direction of the ,secretary of the ,treasury or other proper officer1 or with any other intent1 in either case1 than that such plate1 stone1 or other thing be used for the printing of the obligations or other securities of the ,united ,states2 7#e7 has in his control1 custody1 or possession any plate1 stone1 or other thing in any manner made after or in the similitude of any plate1 stone1 or other thing1 from which any such obligation or other security has been printed1 with intent to use such plate1 stone1 or other thing1 or to suffer the same to be used in forging or counterfeiting any such obligation or other security1 or any part thereof2 7#f7 has in his possession or custody1 except under authority from the ,secretary of the ,treasury or other proper officer1 any obligation or other security made or executed1 in whole or in part1 after the similitude of any obligation or other security issued under the authority of the ,united ,states1 with intent to sell or otherwise use the same2 or 7#g7 prints1 photographs1 or in any other manner makes or executes any engraving1 photograph1 print1 or impression in the likeness of any such obligation or other security1 or any part thereof1 or sells any such engraving1 photograph1 print1 or impression1 except to the ,united ,states1 or brings into the ,united ,states1 any such engraving1 photograph1 print1 or impression1 except by direction of some proper officer of the ,united ,states2 shall be imprisoned not more than #be years4 7b7 ,definition ,for purposes of this section1 the term analog1 digital1 or electronic image includes any analog1 digital1 or electronic method used for the making1 execution1 acquisition1 scanning1 capturing1 recording1 retrieval1 transmission1 or reproduction of any obligation or security1 unless such use is authorized by the ,secretary of the ,treasury4 ,the ,secretary shall establish a system 7pursuant to section #gac7 to ensure that the legitimate use of such electronic methods and retention of such reproductions by businesses1 hobbyists1 press and others shall not be unduly restricted4 #fif4 ,deterrents to counterfeiting of obligations and securities 7a7 ,offense ,whoever-- 7#a7 has in his control or possession1 after a distinctive paper has been adopted by the ,secretary of the ,treasury for the obligations and other securities of the ,united ,states1 any similar paper adapted to the making of any such obligation or other security1 except under the authority of the ,secretary of the ,treasury2 or 7#b7 has in his control or possession1 after a distinctive counterfeit deterrent has been adopted by the ,secretary of the ,treasury for the obligations and other securities of the ,united ,states by publication in the ,federal ,register1 any essentially identical feature or device adapted to the making of any such obligation or security1 except under the authority of the ,secretary of the ,treasury2 shall be imprisoned for not more than #be years4 7b7 ,definitions ,as used in this section-- 7#a7 the term distinctive paper includes any distinctive medium of which currency is made1 whether of wood pulp1 rag1 plastic substrate1 or other natural or artificial fibers or materials2 and 7#b7 the term distinctive counterfeit deterrent includes any ink1 watermark1 seal1 security thread1 optically variable device1 or other feature or device2 7,a7 in which the ,united ,states has an exclusive property interest2 or 7,b7 which is not otherwise in commercial use or in the public domain and which the ,secretary designates as being necessary in preventing the counterfeiting of obligations or other securities of the ,united ,states4 #fig4 ,taking impressions of tools used for obligations or securities ,whoever1 without authority from the ,united ,states1 takes1 procures1 or makes an impression1 stamp1 analog1 digital1 or electronic image1 or imprint of1 from or by the use of any tool1 implement1 instrument1 or thing used or fitted or intended to be used in printing1 stamping1 or impressing1 or in making other tools1 implements1 instruments1 or things to be used or fitted or intended to be used in printing1 stamping1 or impressing any obligation or other security of the ,united ,states1 shall be imprisoned not more than #be years4 #fih4 ,possessing or selling impressions of tools used for obligations or securities ,whoever-- 7#a7 with intent to defraud1 possesses1 keeps1 safeguards1 or controls1 without authority from the ,united ,states1 any imprint1 stamp1 analog1 digital1 or electronic image1 or impression1 taken or made upon any substance or material whatsoever1 of any tool1 implement1 instrument or thing1 used1 fitted or intended to be used1 for any of the purposes mentioned in section #fig2 or 7#b7 with intent to defraud1 sells1 gives1 or delivers any such imprint1 stamp1 analog1 digital1 or electronic image1 or impression to any other person2 shall be imprisoned not more than #be years4 #fii4 ,foreign obligations or securities ,whoever1 within the ,united ,states1 with intent to defraud1 falsely makes1 alters1 forges1 or counterfeits any bond1 certificate1 obligation1 or other security of any foreign government1 purporting to be or in imitation of any such security issued under the authority of such foreign government1 or any treasury note1 bill1 or promise to pay1 lawfully issued by such foreign government and intended to circulate as money1 shall be imprisoned not more than #bj years4 #gjj4 ,uttering counterfeit foreign obligations or securities ,whoever1 within the ,united ,states1 knowingly and with intent to defraud1 utters1 passes1 or puts off1 in payment or negotiation1 any false1 forged1 or counterfeited bond1 certificate1 obligation1 security1 treasury note1 bill1 or promise to pay1 mentioned in section #fii1 whether or not the same was made1 altered1 forged1 or counterfeited within the ,united ,states1 shall be imprisoned not more than #bj years4 #gja4 ,possessing counterfeit foreign obligations or securities ,whoever1 within the ,united ,states1 knowingly and with intent to defraud1 possesses or delivers any false1 forged1 or counterfeit bond1 certificate1 obligation1 security1 treasury note1 bill1 promise to pay1 bank note1 or bill issued by a bank or corporation of any foreign country1 shall be imprisoned not more than #bj years4 #gjb4 ,plates1 stones1 or analog1 digital1 or electronic images for counterfeiting foreign obligations or securities ,whoever-- 7#a7 within the ,united ,states except by lawful authority1 controls1 holds1 or possesses any plate1 stone1 or other thing1 or any part thereof1 from which has been printed or may be printed any counterfeit note1 bond1 obligation1 or other security1 in whole or in part1 of any foreign government1 bank1 or corporation1 or uses such plate1 stone1 or other thing1 or knowingly permits or suffers the same to be used in counterfeiting such foreign obligations1 or any part thereof2 7#b7 except by lawful authority1 makes or engraves any plate1 stone1 or other thing in the likeness or similitude of any plate1 stone1 or other thing designated for the printing of the genuine issues of the obligations of any foreign government1 bank1 or corporation2 7#c7 with intent to defraud1 makes1 executes1 acquires1 scans1 captures1 records1 receives1 transmits1 reproduces1 sells1 or has in such person's control1 custody1 or possession1 an analog1 digital1 or electronic image of any bond1 certificate1 obligation1 or other security of any foreign government1 or of any treasury note1 bill1 or promise to pay1 lawfully issued by such foreign government and intended to circulate as money2 7#d7 except by lawful authority1 prints1 photographs1 or makes1 executes1 or sells any engraving1 photograph1 print1 or impression in the likeness of any genuine note1 bond1 obligation1 or other security1 or any part thereof1 of any foreign government1 bank1 or corporation2 or 7#e7 brings into the ,united ,states any counterfeit plate1 stone1 or other thing1 engraving1 photograph1 print1 or other impressions of the notes1 bonds1 obligations1 or other securities of any foreign government1 bank1 or corporation2 shall be imprisoned not more than #be years4 #gjc4 ,uttering counterfeit foreign bank notes ,whoever1 within the ,united ,states1 utters1 passes1 puts off1 or tenders in payment1 with intent to defraud1 any such false1 forged1 altered1 or counterfeited bank note or bill issued by a bank or corporation of any foreign country1 and intended by the law or usage of such foreign country to circulate as money1 knowing the same to be so false1 forged1 altered1 and counterfeited1 whether or not the same was made1 forged1 altered1 or counterfeited within the ,united ,states1 shall be imprisoned not more than #bj years4 #gjd4 ,connecting parts of different notes ,whoever so places or connects together different parts of two or more notes1 bills1 or other genuine instruments issued under the authority of the ,united ,states1 or by any foreign government1 or corporation1 as to produce one instrument1 with intent to defraud1 shall be guilty of forgery in the same manner as if the parts so put together were falsely made or forged1 and shall be imprisoned not more than #aj years4 #gje4 ,tokens or paper used as money ,whoever-- 7#a7 being #ah years of age or over1 not lawfully authorized1 makes1 issues1 or passes any coin1 card1 token1 or device in metal1 or its compounds1 intended to be used as money1 or whoever1 being #ah years of age or over1 with intent to defraud1 makes1 utters1 inserts1 or uses any card1 token1 slug1 disk1 device1 paper1 or other thing similar in size and shape to any of the lawful coins or other currency of the ,united ,states or any coin or other currency not legal tender in the ,united ,states1 to procure anything of value1 or the use or enjoyment of any property or service from any automatic merchandise vending machine1 postage-stamp machine1 turnstile1 fare box1 coinbox telephone1 parking meter or other lawful receptacle1 depository1 or contrivance designed to receive or to be operated by lawful coins or other currency of the ,united ,states2 or 7#b7 manufactures1 sells1 offers1 or advertises for sale1 or exposes or keeps with intent to furnish or sell any token1 slug1 disk1 device1 paper1 or other thing similar in size and shape to any of the lawful coins or other currency of the ,united ,states1 or any token1 disk1 paper1 or other device issued or authorized in connection with rationing or food and fiber distribution by any agency of the ,united ,states1 with knowledge or reason to believe that such tokens1 slugs1 disks1 devices1 papers1 or other things are intended to be used unlawfully or fraudulently to procure anything of value1 or the use or enjoyment of any property or service from any automatic merchandise vending machine1 postage-stamp machine1 turnstile1 fare box1 coinbox telephone1 parking meter1 or other lawful receptacle1 depository1 or contrivance designed to receive or to be operated by lawful coins or other currency of the ,united ,states2 shall be imprisoned not more than one year4 #gjf4 ,forfeiture of counterfeit paraphernalia 7a7 ,forfeiture ,all counterfeits of any coins or obligations or other securities of the ,united ,states or of any foreign government1 or any articles1 devices1 and other things made1 possessed1 or used in violation of this subchapter or section #hea or #heb1 or any material or apparatus used or fitted or intended to be used1 in the making of such counterfeits1 articles1 devices or things1 found in the possession of any person without authority from the ,secretary of the ,treasury or other proper officer1 shall be forfeited to the ,united ,states4 7b7 ,offense ,whoever1 having the custody or control of any such counterfeits1 material1 apparatus1 articles1 devices1 or other things1 fails or refuses to surrender possession thereof upon request by any authorized agent of the ,treasury ,department1 or other proper officer1 shall be imprisoned not more than one year4 7c7 ,petition to ,secretary of the ,treasury ,whenever1 except as hereinafter in this section provided1 any person interested in any article1 device1 or other thing1 or material or apparatus seized under this section files with the ,secretary of the ,treasury1 before the disposition thereof1 a petition for the remission or mitigation of such forfeiture1 the ,secretary of the ,treasury1 if he finds that such forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to violate the law1 or finds the existence of such mitigating circumstances as to justify the remission or the mitigation of such forfeiture1 may remit or mitigate the same upon such terms and conditions as he deems reasonable and just4 7d7 ,petition to ,attorney ,general ,if the seizure involves offenses other than offenses against the coinage1 currency1 obligations or securities of the ,united ,states or any foreign government1 the petition for the remission or mitigation of forfeiture shall be referred to the ,attorney ,general1 who may remit or mitigate the forfeiture upon such terms as he deems reasonable and just4 #gjg4 ,bonds and obligations of certain lending agencies ,whoever-- 7#a7 falsely makes1 forges1 counterfeits or alters any note1 bond1 debenture1 coupon1 obligation1 instrument1 or writing in imitation or purporting to be in imitation of1 a note1 bond1 debenture1 coupon1 obligation1 instrument or writing1 issued by the ,reconstruction ,finance ,corporation1 ,federal ,deposit ,insurance ,corporation1 ,national ,credit ,union ,administration1 ,home ,owners' ,loan ,corporation1 ,farm ,credit ,administration1 ,department of ,housing and ,urban ,development1 or any land bank1 intermediate credit bank1 insured credit union1 bank for cooperatives or any lending1 mortgage1 insurance1 credit or savings and loan corporation or association authorized or acting under the laws of the ,united ,states2 or 7#b7 passes1 utters1 or publishes1 or attempts to pass1 utter or publish any note1 bond1 debenture1 coupon1 obligation1 instrument or document knowing the same to have been falsely made1 forged1 counterfeited or altered1 contrary to this section2 shall be imprisoned not more than #aj years4 #gjh4 ,contracts1 deeds1 and powers of attorney ,whoever-- 7#a7 falsely makes1 alters1 forges1 or counterfeits any deed1 power of attorney1 order1 certificate1 receipt1 contract1 or other writing1 for the purpose of obtaining or receiving1 or of enabling any other person1 either directly or indirectly1 to obtain or receive from the ,united ,states or any officers or agents thereof1 any sum of money2 7#b7 utters or publishes as true any such false1 forged1 altered1 or counterfeited writing1 with intent to defraud the ,united ,states1 knowing the same to be false1 altered1 forged1 or counterfeited2 or 7#c7 transmits to1 or presents at any office or officer of the ,united ,states1 any such writing in support of1 or in relation to1 any account or claim1 with intent to defraud the ,united ,states1 knowing the same to be false1 altered1 forged1 or counterfeited2 shall be imprisoned not more than ten years4 #gji4 ,military or naval discharge certificates ,whoever forges1 counterfeits1 or falsely alters any certificate of discharge from the military or naval service of the ,united ,states1 or uses1 unlawfully possesses or exhibits any such certificate1 knowing the same to be forged1 counterfeited1 or falsely altered1 shall be imprisoned not more than one year4 #gaj4 ,military1 naval1 or official passes ,whoever falsely makes1 forges1 counterfeits1 alters1 or tampers with any naval1 military1 or official pass or permit1 issued by or under the authority of the ,united ,states1 or with intent to defraud uses or possesses any such pass or permit1 or personates or falsely represents himself to be or not to be a person to whom such pass or permit has been duly issued1 or knowingly allows any other person to have or use any such pass or permit1 issued for his use alone1 shall be imprisoned not more than five years4 #gaa4 ,money orders ,whoever-- 7#a7 with intent to defraud1 falsely makes1 forges1 counterfeits1 engraves1 or prints any order in imitation of or purporting to be a blank money order or a money order issued by or under the direction of the ,post ,office ,department or ,postal ,service2 7#b7 forges or counterfeits the signature or initials of any person authorized to issue money orders upon or to any money order1 postal note1 or blank therefor provided or issued by or under the direction of the ,post ,office ,department or ,postal ,service1 or post office department or corporation of any foreign country1 and payable in the ,united ,states1 or any material signature or indorsement thereon1 or any material signature to any receipt or certificate of identification thereof2 7#c7 falsely alters1 in any material respect1 any such money order or postal note2 7#d7 with intent to defraud1 passes1 utters or publishes or attempts to pass1 utter or publish any such forged or altered money order or postal note1 knowing any material initials1 signature1 stamp impression or indorsement thereon to be false1 forged1 or counterfeited1 or any material alteration therein to have been falsely made2 7#e7 issues any money order or postal note without having previously received or paid the full amount of money payable therefor1 with the purpose of fraudulently obtaining or receiving1 or fraudulently enabling any other person1 either directly or indirectly1 to obtain or receive from the ,united ,states or ,postal ,service1 or any officer1 employee1 or agent thereof1 any sum of money whatever2 7#f7 embezzles1 steals1 or knowingly converts to his own use or to the use of another1 or without authority converts or disposes of any blank money order form provided by or under the authority of the ,post ,office ,department or ,postal ,service2 7#g7 receives or possesses any such money order form with the intent to convert it to his own use or gain or use or gain of another knowing it to have been embezzled1 stolen or converted2 7#h7 with intent to defraud the ,united ,states1 the ,postal ,service1 or any person1 transmits1 presents1 or causes to be transmitted or presented1 any money order or postal note knowing the same-- 7,a7 to contain any forged or counterfeited signature1 initials1 or any stamped impression1 7,b7 to contain any material alteration therein unlawfully made1 7,c7 to have been unlawfully issued without previous payment of the amount required to be paid upon such issue1 or 7,d7 to have been stamped without lawful authority2 or 7#i7 steals1 or with intent to defraud or without being lawfully authorized by the ,post ,office ,department or ,postal ,service1 receives1 possesses1 disposes of or attempts to dispose of any postal money order machine or any stamp1 tool1 or instrument specifically designed to be used in preparing or filling out the blanks on postal money order forms2 shall be imprisoned not more than five years4 #gab4 ,postage stamps1 postage meter stamps1 and postal cards ,whoever-- 7#a7 forges or counterfeits any postage stamp1 postage meter stamp1 or any stamp printed upon any stamped envelope1 or postal card1 or any die1 plate1 or engraving thereof2 7#b7 makes or prints1 or knowingly uses or sells1 or possesses with intent to use or sell1 any such forged or counterfeited postage stamp1 postage meter stamp1 stamped envelope1 postal card1 die1 plate1 or engraving2 7#c7 makes1 or knowingly uses or sells1 or possesses with intent to use or sell1 any paper bearing the watermark of any stamped envelope1 or postal card1 or any fraudulent imitation thereof2 7#d7 makes or prints1 or authorizes to be made or printed1 any postage stamp1 postage meter stamp1 stamped envelope1 or postal card1 of the kind authorized and provided by the ,post ,office ,department or by the ,postal ,service1 without the special authority and direction of the ,department or ,postal ,service2 or 7#e7 after such postage stamp1 postage meter stamp1 stamped envelope1 or postal card has been printed1 with intent to defraud1 delivers the same to any person not authorized by an instrument in writing1 duly executed under the hand of the ,postmaster ,general and the seal of the ,post ,office ,department or the ,postal ,service1 to receive it2 shall be imprisoned not more than five years4 #gac4 ,printing and filming of ,united ,states and foreign obligations and securities ,notwithstanding any other provision of this subchapter1 the following are permitted3 7#a7 ,the printing1 publishing1 or importation1 or the making or importation of the necessary plates for such printing or publishing1 of illustrations of-- 7,a7 postage stamps of the ,united ,states1 7,b7 revenue stamps of the ,united ,states1 7,c7 any other obligation or other security of the ,united ,states1 and 7,d7 postage stamps1 revenue stamps1 notes1 bonds1 and any other obligation or other security of any foreign government1 bank1 or corporation4 7#b7 ,illustrations permitted by the foregoing provisions of this section shall be made in accordance with the following conditions-- 7,a7 all illustrations shall be in black and white1 except that illustrations of postage stamps issued by the ,united ,states or by any foreign government and stamps issued under the ,migratory ,bird ,hunting ,stamp ,act of #aicd may be in color2 7,b7 all illustrations 7including illustrations of uncanceled postage stamps in color and illustrations of stamps issued under the ,migratory ,bird ,hunting ,stamp ,act of #aicd in color7 shall be of a size less than three-fourths or more than one and one-half1 in linear dimension1 of each part of any matter so illustrated which is covered by subparagraph 7,a71 7,b71 7,c71 or 7,d7 of this paragraph1 except that black and white illustrations of postage and revenue stamps issued by the ,united ,states or by any foreign government and colored illustrations of canceled postage stamps issued by the ,united ,states may be in the exact linear dimension in which the stamps were issued2 and 7,c7 the negatives and plates used in making the illustrations shall be destroyed after their final use in accordance with this section4 ,the ,secretary of the ,treasury shall prescribe regulations to permit color illustrations of such currency of the ,united ,states as the ,secretary determines may be appropriate for such purposes4 7#c7 ,this section does not permit the reproduction of illustrations of obligations or other securities1 by or through electronic methods used for the acquisition1 recording1 retrieval1 transmission1 or reproduction of any obligation or other security1 unless such use is authorized by the ,secretary of the ,treasury4 ,the ,secretary shall establish a system to ensure that the legitimate use of such electronic methods and retention of such reproductions by businesses1 hobbyists1 press or others shall not be unduly restricted4 7#d7 ,the making or importation of motion-picture films1 microfilms1 or slides1 for projection upon a screen or for use in telecasting1 of postage and revenue stamps and other obligations and securities of the ,united ,states1 and postage and revenue stamps1 notes1 bonds1 and other obligations or securities of any foreign government1 bank1 or corporation4 ,no prints or other reproductions shall be made from such films or slides1 except for the purposes of paragraph 7#a71 without the permission of the ,secretary of the ,treasury4 ,for the purposes of this section the term postage stamp includes postage meter stamps4 #gad4 ,seals of courts2 signatures of judges or ,court officers ,whoever forges the signature of any judge1 register1 or other officer of any court of the ,united ,states1 or of any ,territory thereof1 or forges or counterfeits the seal of any such court1 or knowingly concurs in using any such forged or counterfeit signature or seal1 for the purpose of authenticating any proceeding or document1 or tenders in evidence any such proceeding or document with a false or counterfeit signature of any such judge1 register1 or other officer1 or a false or counterfeit seal of the court1 subscribed or attached thereto1 knowing such signature or seal to be false or counterfeit1 shall be imprisoned not more than five years4 #gae4 ,seals of departments or agencies 7a7 ,offense ,whoever-- 7#a7 falsely makes1 forges1 counterfeits1 mutilates1 or alters the seal of any department or agency of the ,united ,states1 or any facsimile thereof2 7#b7 knowingly uses1 affixes1 or impresses any such fraudulently made1 forged1 counterfeited1 mutilated1 or altered seal or facsimile thereof to or upon any certificate1 instrument1 commission1 document1 or paper of any description2 or 7#c7 with fraudulent intent1 possesses1 sells1 offers for sale1 furnishes1 offers to furnish1 gives away1 offers to give away1 transports1 offers to transport1 imports1 or offers to import any such seal or facsimile thereof1 knowing the same to have been so falsely made1 forged1 counterfeited1 mutilated1 or altered1 shall be imprisoned not more than #e years4 7b7 ,increased penalty ,notwithstanding subsection 7a7 or any other provision of law1 if a forged1 counterfeited1 mutilated1 or altered seal of a department or agency of the ,united ,states1 or any facsimile thereof1 is-- 7#a7 so forged1 counterfeited1 mutilated1 or altered2 7#b7 used1 affixed1 or impressed to or upon any certificate1 instrument1 commission1 document1 or paper of any description2 or 7#c7 with fraudulent intent1 possessed1 sold1 offered for sale1 furnished1 offered to furnish1 given away1 offered to give away1 transported1 offered to transport1 imported1 or offered to import1 with the intent or effect of facilitating an alien's application for1 or receipt of1 a ,federal benefit to which the alien is not entitled1 the penalties which may be imposed for each offense under subsection 7a7 shall be two times the maximum fine1 and #c times the maximum term of imprisonment1 or both1 that would otherwise be imposed for an offense under subsection 7a74 7c7 ,definitions ,for purposes of this section-- 7#a7 the term ,federal benefit means-- 7,a7 the issuance of any grant1 contract1 loan1 professional license1 or commercial license provided by any agency of the ,united ,states or by appropriated funds of the ,united ,states2 and 7,b7 any retirement1 welfare1 ,social ,security1 health 7including treatment of an emergency medical condition in accordance with section #aijc7v7 of the ,social ,security ,act71 disability1 veterans1 public housing1 education1 supplemental nutrition assistance program1 or unemployment benefit1 or any similar benefit for which payments or assistance are provided by an agency of the ,united ,states or by appropriated funds of the ,united ,states2 and 7#b7 each instance of forgery1 counterfeiting1 mutilation1 or alteration shall constitute a separate offense under this section4 #gaf4 ,forging endorsements on ,treasury checks or bonds or securities of the ,united ,states 7a7 ,in general ,whoever1 with intent to defraud-- 7#a7 falsely makes or forges any endorsement or signature on a ,treasury check or bond or security of the ,united ,states2 or 7#b7 passes1 utters1 or publishes1 or attempts to pass1 utter1 or publish1 any ,treasury check or bond or security of the ,united ,states bearing a falsely made or forged endorsement or signature2 shall be imprisoned not more than ten years4 7b7 ,sale exchange and similar conduct ,whoever1 with knowledge that such ,treasury check or bond or security of the ,united ,states is stolen or bears a falsely made or forged endorsement or signature buys1 sells1 exchanges1 receives1 delivers1 retains1 or conceals any such ,treasury check or bond or security of the ,united ,states shall be imprisoned not more than ten years4 7c7 ,reduced penalty ,if the face value of the ,treasury check or bond or security of the ,united ,states or the aggregate face value1 if more than one ,treasury check or bond or security of the ,united ,states1 does not exceed #a1jjj1 in any of the above-mentioned offenses1 the penalty shall be imprisonment for not more than one year4 #gag4 ,altering or removing motor vehicle identification numbers 7a7 ,offense ,whoever-- 7#a7 knowingly removes1 obliterates1 tampers with1 or alters an identification number for a motor vehicle or motor vehicle part2 or 7#b7 with intent to further the theft of a motor vehicle1 knowingly removes1 obliterates1 tampers with1 or alters a decal or device affixed to a motor vehicle pursuant to the ,motor ,vehicle ,theft ,prevention ,act1 shall be imprisoned not more than #e years4 7b7 ,exclusion 7#a7 ,generally ,subsection 7a7 does not apply to a removal1 obliteration1 tampering1 or alteration by a person specified in paragraph 7#b7 7unless such person knows that the vehicle or part involved is stolen74 7#b7 ,persons referred to in paragraph 7#a7 ,the persons referred to in paragraph 7#a7 of this subsection are-- 7,a7 a motor vehicle scrap processor or a motor vehicle demolisher who complies with applicable ,state law with respect to such vehicle or part2 7,b7 a person who repairs such vehicle or part1 if the removal1 obliteration1 tampering1 or alteration is reasonably necessary for the repair2 7,c7 a person who restores or replaces an identification number for such vehicle or part in accordance with applicable ,state law2 and 7,d7 a person who removes1 obliterates1 tampers with1 or alters a decal or device affixed to a motor vehicle pursuant to the ,motor ,vehicle ,theft ,prevention ,act1 if that person is the owner of the motor vehicle1 or is authorized to remove1 obliterate1 tamper with or alter the decal or device by-- 7i7 the owner or his authorized agent2 7ii7 applicable ,state or local law2 or 7iii7 regulations promulgated by the ,attorney ,general to implement the ,motor ,vehicle ,theft ,prevention ,act4 7c7 ,definitions for section ,as used in this section-- 7#a7 the term identification number means a number or symbol that is inscribed or affixed for purposes of identification under chapter #cja and part ,c of subtitle ,,vi of title #di2 7#b7 the term motor vehicle has the meaning given that term in section #cbaja of title #di2 7#c7 the term motor vehicle demolisher means a person1 including any motor vehicle dismantler or motor vehicle recycler1 who is engaged in the business of reducing motor vehicles or motor vehicle parts to metallic scrap that is unsuitable for use as either a motor vehicle or a motor vehicle part2 7#d7 the term motor vehicle scrap processor means a person-- 7,a7 who is engaged in the business of purchasing motor vehicles or motor vehicle parts for reduction to metallic scrap for recycling2 7,b7 who1 from a fixed location1 uses machinery to process metallic scrap into prepared grades2 and 7,c7 whose principal product is metallic scrap for recycling2 but such term does not include any activity of any such person relating to the recycling of a motor vehicle or a motor vehicle part as a used motor vehicle or a used motor vehicle part2 and 7#e7 the term tampers with includes covering a program decal or device affixed to a motor vehicle pursuant to the ,motor ,vehicle ,theft ,prevention ,act for the purpose of obstructing its visibility4 #gah4 ,securities of the ,states and private entities 7a7 ,counterfeit securities ,whoever makes1 utters or possesses a counterfeited security of a ,state or a political subdivision thereof or of an organization1 or whoever makes1 utters or possesses a forged security of a ,state or political subdivision thereof or of an organization that operates in or affecting commerce1 with intent to deceive another person shall be imprisoned for not more than ten years4 7b7 ,implements ,whoever makes1 receives1 possesses1 sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by imprisonment for not more than ten years4 7c7 ,definitions ,as used in this section-- 7#a7 the term counterfeited means a document that purports to be genuine but is not1 because it has been falsely made or manufactured in its entirety2 7#b7 the term forged means a document that purports to be genuine but is not because it has been falsely altered1 completed1 signed1 or endorsed1 or contains a false addition thereto or insertion therein1 or is a combination of parts of two or more genuine documents2 and 7#c7 the term security means-- 7,a7 a note1 stock certificate1 treasury stock certificate1 bond1 treasury bond1 debenture1 certificate of deposit1 interest coupon1 bill1 check1 draft1 warrant1 debit instrument as defined in section #iaf7;c7 of the ,electronic ,fund ,transfer ,act1 money order1 traveler's check1 letter of credit1 warehouse receipt1 negotiable bill of lading1 evidence of indebtedness1 certificate of interest in or participation in any profit-sharing agreement1 collateral-trust certificate1 pre-reorganization certificate of subscription1 transferable share1 investment contract1 voting trust certificate1 or certificate of interest in tangible or intangible property2 7,b7 an instrument evidencing ownership of goods1 wares1 or merchandise2 7,c7 any other written instrument commonly known as a security2 7,d7 a certificate of interest in1 certificate of participation in1 certificate for1 receipt for1 or warrant or option or other right to subscribe to or purchase1 any of the foregoing2 or 7,e7 a blank form of any of the foregoing4 #gai4 ,fictitious obligations 7a7 ,offense ,whoever1 with the intent to defraud-- 7#a7 draws1 prints1 processes1 produces1 publishes1 or otherwise makes1 or attempts or causes the same1 within the ,united ,states2 7#b7 passes1 utters1 presents1 offers1 brokers1 issues1 sells1 or attempts or causes the same1 or with like intent possesses1 within the ,united ,states2 or 7#c7 utilizes interstate or foreign commerce1 including the use of the mails or wire1 radio1 or other electronic communication1 to transmit1 transport1 ship1 move1 transfer1 or attempts or causes the same1 to1 from1 or through the ,united ,states1 any false or fictitious instrument1 document1 or other item appearing1 representing1 purporting1 or contriving through scheme or artifice1 to be an actual security or other financial instrument issued under the authority of the ,united ,states1 a foreign government1 a ,state or other political subdivision of the ,united ,states1 or an organization1 shall be imprisoned for not more than #be years4 7b7 ,definitions ,for purposes of this section1 any term used in this section that is defined in section #gag7;c7 has the same meaning given such term in section #gag7;c74 7c7 ,authority of the ,united ,states ,secret ,service ,the ,united ,states ,secret ,service1 in addition to any other agency having such authority1 shall have authority to investigate offenses under this section4 #be ,,fraud ,,and ,,false ,,statement ,,crimes ,subchapter ,a4 ,fraud and false statements ,b4 ,mail fraud ,a ,,fraud ,,and ,,false ,,statements #gga4 ,definitions4 #ggb4 ,statements or entries generally4 #ggc4 ,bank entries1 reports and transactions4 #ggd4 ,federal credit institution entries1 reports1 and transactions4 #gge4 ,federal ,deposit ,insurance ,corporation transactions4 #ggf4 ,department of ,housing and ,urban ,development and ,federal ,housing ,administration transactions4 #ggg4 ,department of ,housing and ,urban ,development transactions4 #ggh4 ,farm loan bonds and credit bank debentures4 #ggi4 ,loan and credit applications generally2 renewals and discounts2 crop insurance4 #ghj4 ,naturalization1 citizenship1 or alien registry4 #gha4 ,highway projects4 #ghb4 ,false statements and concealment of facts in relation to documents required by the ,employee ,retirement ,income ,security ,act of #aigd4 #ghc4 ,fraud and related activity in connection with identification documents1 authentication features1 and information4 #ghd4 ,aggravated identity theft4 #ghe4 ,fraudulent use of credit card4 #ghf4 ,fraud and related activity in connection with access devices4 #ghg4 ,fraud and related activity in connection with computers4 #ghh4 ,major fraud against the ,united ,states4 #ghi4 ,concealment of assets from conservator1 receiver1 or liquidating agent4 #gij4 ,crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce4 #gia4 ,civil penalties and injunctions for violations of ,section #gij4 #gib4 ,false statements relating to health care matters4 #gic4 ,entry by false pretenses to any real property1 vessel1 or aircraft of the ,united ,states or secure area of any airport or seaport4 #gid4 ,fraud and related activity in connection with electronic mail4 #gie4 ,false information and hoaxes4 #gif4 ,fraud and related activity in connection with obtaining confidential phone records information of a covered entity4 #gga4 ,definitions ,as used in this subchapter-- 7#a7 the term member bank means any national bank1 state bank1 or bank or trust company1 which has become a member of one of the ,federal ,reserve banks2 7#b7 the term insured bank includes any state bank1 banking association1 trust company1 savings bank1 or other banking institution1 the deposits of which are insured by the ,federal ,deposit ,insurance ,corporation2 7#c7 the term branch or agency of a foreign bank means a branch or agency described in paragraph 7,e7 of the definition of financial institution in section #a2 and 7#d7 the term depository institution holding company has the meaning given such term in section #c7w77#a7 of the ,federal ,deposit ,insurance ,act4 #ggb4 ,statements or entries generally 7a7 ,offense ,except as otherwise provided in this section1 whoever1 in any matter within the jurisdiction of the executive1 legislative1 or judicial branch of the ,government of the ,united ,states1 knowingly-- 7#a7 falsifies1 conceals1 or covers up by any trick1 scheme1 or device a material fact2 7#b7 makes any materially false1 fictitious1 or fraudulent statement or representation2 or 7#c7 makes or uses any false writing or document knowing the same to contain any materially false1 fictitious1 or fraudulent statement or entry2 shall be imprisoned not more than #e years or1 if the offense involves international or domestic terrorism 7as defined in section #bhc71 imprisoned not more than #h years4 ,if the matter relates to an offense under chapter #ac or section #abfe1 then the term of imprisonment imposed under this section shall be not more than #h years4 7b7 ,exclusion ,subsection 7a7 does not apply to a party to a judicial proceeding1 or that party's counsel1 for statements1 representations1 writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding4 7c7 ,application to matters within the jurisdiction of the legislative branch ,with respect to any matter within the jurisdiction of the legislative branch1 subsection 7a7 applies only to-- 7#a7 administrative matters1 including a claim for payment1 a matter related to the procurement of property or services1 personnel or employment practices1 or support services1 or a document required by law1 rule1 or regulation to be submitted to the ,congress or any office or officer within the legislative branch2 or 7#b7 any investigation or review1 conducted pursuant to the authority of any committee1 subcommittee1 commission or office of the ,congress1 consistent with applicable rules of the ,house or ,senate4 #ggc4 ,bank entries1 reports and transactions ,whoever-- 7#a7 being an officer1 director1 agent or employee of any ,federal ,reserve bank1 member bank1 depository institution holding company1 national bank1 insured bank1 branch or agency of a foreign bank1 or organization operating under section #be or section #be;,a of the ,federal ,reserve ,act1 without authority from the directors of such bank1 branch1 agency1 or organization or company1 issues or puts in circulation any notes of such bank1 branch1 agency1 or organization or company2 7#b7 without such authority1 makes1 draws1 issues1 puts forth1 or assigns any certificate of deposit1 draft1 order1 bill of exchange1 acceptance1 note1 debenture1 bond1 or other obligation1 or mortgage1 judgment or decree2 7#c7 makes any false entry in any book1 report1 or statement of such bank1 company1 branch1 agency1 or organization with intent to injure or defraud such bank1 company1 branch1 agency1 or organization1 or any other company1 body politic or corporate1 or any individual person1 or to deceive any officer of such bank1 company1 branch1 agency1 or organization1 or the ,comptroller of the ,currency1 or the ,federal ,deposit ,insurance ,corporation1 or any agent or examiner appointed to examine the affairs of such bank1 company1 branch1 agency1 or organization1 or the ,board of ,governors of the ,federal ,reserve ,system2 or 7#d7 with intent to defraud the ,united ,states or any agency thereof1 or any financial institution referred to in this section1 participates or shares in or receives 7directly or indirectly7 any money1 profit1 property1 or benefits through any transaction1 loan1 commission1 contract1 or any other act of any such financial institution2 shall be imprisoned not more than #cj years4 #ggd4 ,federal credit institution entries1 reports1 and transactions ,whoever1 being an officer1 agent or employee of or connected in any capacity with the ,federal ,deposit ,insurance ,corporation1 ,national ,credit ,union ,administration1 any ,federal home loan bank1 the ,federal ,housing ,finance ,agency1 ,farm ,credit ,administration1 ,department of ,housing and ,urban ,development1 ,federal ,crop ,insurance ,corporation1 the ,secretary of ,agriculture acting through the ,farmers ,home ,administration or successor agency1 the ,rural ,development ,administration or successor agency1 or the ,farm ,credit ,system ,insurance ,corporation1 a ,farm ,credit ,bank1 a bank for cooperatives or any lending1 mortgage1 insurance1 credit or savings and loan corporation or association authorized or acting under the laws of the ,united ,states or any institution1 other than an insured bank1 the accounts of which are insured by the ,federal ,deposit ,insurance ,corporation1 or by the ,national ,credit ,union ,administration ,board or any small business investment company1 with intent to defraud any such institution or any other company1 body politic or corporate1 or any individual1 or to deceive any officer1 auditor1 examiner or agent of any such institution or of department or agency of the ,united ,states1 makes any false entry in any book1 report or statement of or to any such institution1 or without being duly authorized1 draws any order or bill of exchange1 makes any acceptance1 or issues1 puts forth or assigns any note1 debenture1 bond or other obligation1 or draft1 bill of exchange1 mortgage1 judgment1 or decree1 or1 with intent to defraud the ,united ,states or any agency thereof1 or any corporation1 institution1 or association referred to in this section1 participates or shares in or receives directly or indirectly any money1 profit1 property1 or benefits through any transaction1 loan1 commission1 contract1 or any other act of any such corporation1 institution1 or association1 shall be imprisoned not more than #cj years4 #gge4 ,federal ,deposit ,insurance ,corporation transactions ,whoever1 for the purpose of influencing in any way the action of the ,federal ,deposit ,insurance ,corporation1 knowingly makes or invites reliance on a false1 forged1 or counterfeit statement1 document1 or thing shall be imprisoned not more than #cj years4 #ggf4 ,department of ,housing and ,urban ,development and ,federal ,housing ,administration transactions ,whoever1 for the purpose of obtaining any loan or advance of credit from any person1 partnership1 association1 or corporation with the intent that such loan or advance of credit shall be offered to or accepted by the ,department of ,housing and ,urban ,development for insurance1 or for the purpose of obtaining any extension or renewal of any loan1 advance of credit1 or mortgage insured by such ,department1 or the acceptance1 release1 or substitution of any security on such a loan1 advance of credit1 or for the purpose of influencing in any way the action of such ,department1 makes1 passes1 utters1 or publishes any statement1 knowing the same to be false1 or alters1 forges1 or counterfeits any instrument1 paper1 or document1 or utters1 publishes1 or passes as true any instrument1 paper1 or document1 knowing it to have been altered1 forged1 or counterfeited1 or knowingly overvalues any security1 asset1 or income1 shall be imprisoned not more than two years4 #ggg4 ,department of ,housing and ,urban ,development transactions ,whoever-- 7#a7 with intent to defraud1 makes any false entry in any book of the ,department of ,housing and ,urban ,development or makes any false report or statement to or for such ,department2 7#b7 receives any compensation1 rebate1 or reward1 with intent to defraud such ,department or with intent unlawfully to defeat its purposes2 or 7#c7 induces or influences such ,department to purchase or acquire any property or to enter into any contract and knowingly fails to disclose any interest which that person has in such property or in the property to which such contract relates1 or any special benefit which he expects to receive as a result of such contract2 shall be imprisoned not more than one year4 #ggh4 ,farm loan bonds and credit bank debentures ,whoever deceives1 defrauds1 or imposes upon1 or attempts to deceive1 defraud1 or impose upon any person1 partnership1 corporation1 or association by making any false pretense or representation concerning the character1 issue1 security1 contents1 conditions1 or terms of any farm loan bond1 or coupon1 issued by any ,federal land bank or banks2 or of any debenture1 coupon1 or other obligation1 issued by any ,federal intermediate credit bank or banks2 or by falsely pretending or representing that any farm loan bond1 or coupon1 is anything other than1 or different from1 what it purports to be on the face of said bond or coupon1 shall be imprisoned not more than one year4 #ggi4 ,loan and credit applications generally2 renewals and discounts2 crop insurance ,whoever knowingly makes any false statement or report1 or knowingly overvalues any land1 property or security1 for the purpose of influencing in any way the action of the ,federal ,housing ,administration the ,farm ,credit ,administration1 ,federal ,crop ,insurance ,corporation or a company the ,corporation reinsures1 the ,secretary of ,agriculture acting through the ,farmers ,home ,administration or successor agency1 the ,rural ,development ,administration or successor agency1 any ,farm ,credit ,bank1 production credit association1 agricultural credit association1 bank for cooperatives1 or any division1 officer1 or employee thereof1 or of any regional agricultural credit corporation established pursuant to law1 or a ,federal land bank1 a ,federal land bank association1 a ,federal ,reserve bank1 a small business investment company1 as defined in section #ajc of the ,small ,business ,investment ,act of #aieh1 or the ,small ,business ,administration in connection with any provision of that ,act1 a ,federal credit union1 an insured ,state-chartered credit union1 any institution the accounts of which are insured by the ,federal ,deposit ,insurance ,corporation1 any ,federal home loan bank1 the ,federal ,housing ,finance ,agency1 the ,federal ,deposit ,insurance ,corporation1 the ,farm ,credit ,system ,insurance ,corporation1 or the ,national ,credit ,union ,administration ,board1 a branch or agency of a foreign bank 7as such terms are defined in paragraphs 7#a7 and 7#c7 of section #a7;b7 of the ,international ,banking ,act of #aigh71 an organization operating under section #be or section #be;,a of the ,federal ,reserve ,act1 or a mortgage lending business1 or any person or entity that makes in whole or in part a federally related mortgage loan as defined in section #c of the ,real ,estate ,settlement ,procedures ,act of #aigd1 upon any application1 advance1 discount1 purchase1 purchase agreement1 repurchase agreement1 commitment1 loan1 or insurance agreement or application for insurance or a guarantee1 or any change or extension of any of the same1 by renewal1 deferment of action or otherwise1 or the acceptance1 release1 or substitution of security therefor1 shall be imprisoned not more than #cj years4 #ghj4 ,naturalization1 citizenship1 or alien registry 7a7 ,offense ,whoever-- 7#a7 knowingly makes any false statement under oath1 in any case1 proceeding1 or matter relating to1 or under1 or by virtue of any law of the ,united ,states relating to naturalization1 citizenship1 or registry of aliens2 7#b7 knowingly1 with intent to avoid any duty or liability imposed or required by law1 denies that he has been naturalized or admitted to be a citizen1 after having been so naturalized or admitted2 7#c7 uses or attempts to use any certificate of arrival1 declaration of intention1 certificate of naturalization1 certificate of citizenship or other documentary evidence of naturalization or of citizenship1 or any duplicate or copy thereof1 knowing the same to have been procured by fraud or false evidence or without required appearance or hearing of the applicant in court or otherwise unlawfully obtained2 7#d7 knowingly makes any false certificate1 acknowledgment or statement concerning the appearance before him or the taking of an oath or affirmation or the signature1 attestation or execution by any person with respect to any application1 declaration1 petition1 affidavit1 deposition1 certificate of naturalization1 certificate of citizenship or other paper or writing required or authorized by the laws relating to immigration1 naturalization1 citizenship1 or registry of aliens2 7#e7 knowingly makes any false statement or claim that he is1 or at any time has been1 a citizen or national of the ,united ,states1 with the intent to obtain on behalf of himself1 or any other person1 any ,federal or ,state benefit or service1 or to engage unlawfully in employment in the ,united ,states2 or 7#f7 knowingly makes any false statement or claim that he is a citizen of the ,united ,states in order to register to vote or to vote in any ,federal1 ,state1 or local election 7including an initiative1 recall1 or referendum72 shall be imprisoned not more than five years4 7b7 ,exclusion ,subsection 7a77#f7 does not apply to an alien if each natural parent of the alien 7or1 in the case of an adopted alien1 each adoptive parent of the alien7 is or was a citizen 7whether by birth or naturalization71 the alien permanently resided in the ,united ,states prior to attaining the age of #af1 and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the ,united ,states4 #gha4 ,highway projects ,whoever-- 7#a7 knowingly makes any false statement1 false representation1 or false report as to the character1 quality1 quantity1 or cost of the material used or to be used1 or the quantity or quality of the work performed or to be performed1 or the costs thereof in connection with the submission of plans1 maps1 specifications1 contracts1 or costs of construction of any highway or related project submitted for approval to the ,secretary of ,transportation2 7#b7 knowingly makes any false statement1 false representation1 false report1 or false claim with respect to the character1 quality1 quantity1 or cost of any work performed or to be performed1 or materials furnished or to be furnished1 in connection with the construction of any highway or related project approved by the ,secretary of ,transportation2 or 7#c7 knowingly makes any false statement or false representation as to a material fact in any statement1 certificate1 or report submitted pursuant to the ,federal-,aid ,road ,act approved ,july #aa1 #aiaf 7#ci ,stat4 #cee71 as amended and supplemented2 shall be imprisoned not more than five years4 #ghb4 ,false statements and concealment of facts in relation to documents required by the ,employee ,retirement ,income ,security ,act of #aigd ,whoever1 in any document required by title ,i of the ,employee ,retirement ,income ,security ,act of #aigd to be published1 or kept as part of the records of any employee welfare benefit plan or employee pension benefit plan1 or certified to the administrator of any such plan1 makes any false statement or representation of fact1 knowing it to be false1 or knowingly conceals1 covers up1 or fails to disclose any fact the disclosure of which is required by such title or is necessary to verify1 explain1 clarify or check for accuracy and completeness any report required by such title to be published or any information required by such title to be certified1 shall be imprisoned not more than five years4 #ghc4 ,fraud and related activity in connection with identification documents1 authentication features1 and information 7a7 ,offense ,whoever1 as made applicable by subsection 7c7-- 7#a7 knowingly and without lawful authority produces an identification document1 authentication feature1 or a false identification document2 7#b7 knowingly transfers an identification document1 authentication feature1 or a false identification document knowing that such document or feature was stolen or produced without lawful authority2 7#c7 knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents 7other than those issued lawfully for the use of the possessor71 authentication features1 or false identification documents2 7#d7 knowingly possesses an identification document 7other than one issued lawfully for the use of the possessor71 authentication feature1 or a false identification document1 with the intent such document or feature be used to defraud the ,united ,states2 7#e7 knowingly produces1 transfers1 or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used2 7#f7 knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the ,united ,states or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority2 7#g7 knowingly transfers1 possesses1 or uses1 without lawful authority1 a means of identification of another person with the intent to commit1 or to aid or abet1 or in connection with1 any unlawful activity that constitutes a violation of ,federal law1 or that constitutes a felony under any applicable ,state or local law2 or 7#h7 knowingly traffics in false or actual authentication features for use in false identification documents1 document-making implements1 or means of identification2 shall be punished as provided in subsection 7b74 7b7 ,punishment ,the punishment for an offense under subsection 7a7 of this section is-- 7#a7 except as provided in paragraphs 7#c7 and 7#d71 a fine under this title or imprisonment for not more than #ae years1 or both1 if the offense is-- 7,a7 the production or transfer of an identification document1 authentication feature1 or false identification document that is or appears to be-- 7i7 an identification document or authentication feature issued by or under the authority of the ,united ,states2 or 7ii7 a birth certificate1 or a driver's license or personal identification card2 7,b7 the production or transfer of more than five identification documents1 authentication features1 or false identification documents2 7,c7 an offense under paragraph 7#e7 of such subsection2 or 7,d7 an offense under paragraph 7#g7 of such subsection that involves the transfer1 possession1 or use of #a or more means of identification if1 as a result of the offense1 any individual committing the offense obtains anything of value aggregating #a1jjj or more during any #a-year period2 7#b7 except as provided in paragraphs 7#c7 and 7#d71 a fine under this title or imprisonment for not more than #e years1 or both1 if the offense is-- 7,a7 any other production1 transfer1 or use of a means of identification1 an identification document1 authentication feature1 or a false identification document2 or 7,b7 an offense under paragraph 7#c7 or 7#g7 of such subsection2 7#c7 a fine under this title or imprisonment for not more than #bj years1 or both1 if the offense is committed-- 7,a7 to facilitate a drug trafficking crime 7as defined in section #eib7;a77#b772 7,b7 in connection with a crime of violence 7as defined in section #ehd7;c77#c772 or 7,c7 after a prior conviction under this section becomes final2 7#d7 a fine under this title or imprisonment for not more than #cj years1 or both1 if the offense is committed to facilitate an act of domestic terrorism 7as defined under section #bhc7 or an act of international terrorism 7as defined in section #bhc7a772 and 7#e7 a fine under this title or imprisonment for not more than one year1 or both1 in any other case4 7c7 ,applicability ,subsection 7a7 applies if-- 7#a7 the identification document1 authentication feature1 or false identification document is or appears to be issued by or under the authority of the ,united ,states or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document1 authentication feature1 or false identification document2 7#b7 the offense is an offense under subsection 7a77#d7 of this section2 or 7#c7 either-- 7,a7 the production1 transfer1 possession1 or use prohibited by this section is in or affects interstate or foreign commerce1 including the transfer of a document by electronic means2 or 7,b7 the means of identification1 identification document1 false identification document1 or document-making implement is transported in the mail in the course of the production1 transfer1 possession1 or use prohibited by this section4 7d7 ,definitions ,in this section and section #ghd-- 7#a7 the term authentication feature means any hologram1 watermark1 certification1 symbol1 code1 image1 sequence of numbers or letters1 or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document1 document-making implement1 or means of identification to determine if the document is counterfeit1 altered1 or otherwise falsified2 7#b7 the term document-making implement means any implement1 impression1 template1 computer file1 computer disc1 electronic device1 or computer hardware or software1 that is specifically configured or primarily used for making an identification document1 a false identification document1 or another document-making implement2 7#c7 the term identification document means a document made or issued by or under the authority of the ,united ,states ,government1 a ,state1 political subdivision of a ,state1 or a sponsoring entity of an event designated as a special event of national significance1 a foreign government1 political subdivision of a foreign government1 an international governmental or an international quasi-governmental organization which1 when completed with information concerning a particular individual1 is of a type intended or commonly accepted for the purpose of identification of individuals2 7#d7 the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that-- 7,a7 is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit2 and 7,b7 appears to be issued by or under the authority of the ,united ,states ,government1 a ,state1 a political subdivision of a ,state1 or a sponsoring entity of an event designated as a special event of national significance1 a foreign government1 a political subdivision of a foreign government1 or an international governmental or quasi-governmental organization2 7#e7 the term false authentication feature means an authentication feature that-- 7,a7 is genuine in origin1 but1 without the authorization of the issuing authority1 has been tampered with or altered for purposes of deceit2 7,b7 is genuine1 but has been distributed1 or is intended for distribution1 without the authorization of the issuing authority and not in connection with a lawfully made identification document1 document-making implement1 or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority2 or 7,c7 appears to be genuine1 but is not2 7#f7 the term issuing authority-- 7,a7 means any governmental entity or agency that is authorized to issue identification documents1 means of identification1 or authentication features2 and 7,b7 includes the ,united ,states ,government1 a ,state1 a political subdivision of a ,state1 or a sponsoring entity of an event designated as a special event of national significance1 a foreign government1 a political subdivision of a foreign government1 or an international government or quasi-governmental organization2 7#g7 the term means of identification means any name or number that may be used1 alone or in conjunction with any other information1 to identify a specific individual1 including any-- 7,a7 name1 social security number1 date of birth1 official ,state or government issued driver's license or identification number1 alien registration number1 government passport number1 employer or taxpayer identification number2 7,b7 unique biometric data1 such as fingerprint1 voice print1 retina or iris image1 or other unique physical representation2 7,c7 unique electronic identification number1 address1 or routing code2 or 7,d7 telecommunication identifying information or access device 7as such terms are defined in section #ghf72 7#h7 the term personal identification card means an identification document issued by a ,state or local government solely for the purpose of identification2 7#i7 the term produce includes alter1 authenticate1 or assemble2 7#aj7 the term transfer includes selecting an identification document1 false identification document1 or document-making implement and placing or directing the placement of such identification document1 false identification document1 or document-making implement on an online location where it is available to others2 7#aa7 the term traffic means-- 7,a7 to transport1 transfer1 or otherwise dispose of1 to another1 as consideration for anything of value2 or 7,b7 to make or obtain control of with intent to so transport1 transfer1 or otherwise dispose of4 7e7 ,exclusion ,this section does not prohibit any lawfully authorized investigative1 protective1 or intelligence activity of a law enforcement agency of the ,united ,states1 a ,state1 or a political subdivision of a ,state1 or of an intelligence agency of the ,united ,states1 or any activity authorized under chapter #bbd4 7f7 ,rule of construction ,for purpose of subsection 7a77#g71 a single identification document or false identification document that contains #a or more means of identification shall be construed to be #a means of identification4 #ghd4 ,aggravated identity theft 7a7 ,offenses 7#a7 ,in general ,whoever1 during and in relation to any felony violation enumerated in subsection 7c71 knowingly transfers1 possesses1 or uses1 without lawful authority1 a means of identification of another person shall1 in addition to the punishment provided for such felony1 be sentenced to a term of imprisonment of #b years4 7#b7 ,terrorism offense ,whoever1 during and in relation to any felony violation enumerated in section #bgc7;g77#c77;,b71 knowingly transfers1 possesses1 or uses1 without lawful authority1 a means of identification of another person or a false identification document shall1 in addition to the punishment provided for such felony1 be sentenced to a term of imprisonment of #e years4 7b7 ,consecutive sentence ,notwithstanding any other provision of law-- 7#a7 a court shall not place on probation any person convicted of a violation of this section2 7#b7 except as provided in paragraph 7#d71 no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law1 including any term of imprisonment imposed for the felony during which the means of identification was transferred1 possessed1 or used2 7#c7 in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred1 possessed1 or used1 a court shall not in any way reduce the term to be imposed for such crime so as to compensate for1 or otherwise take into account1 any separate term of imprisonment imposed or to be imposed for a violation of this section2 and 7#d7 a term of imprisonment imposed on a person for a violation of this section may1 in the discretion of the court1 run concurrently1 in whole or in part1 only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section1 provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the ,sentencing ,commission pursuant to section #iid of title #bh4 7c7 ,definition ,for purposes of this section1 the term felony violation enumerated in subsection 7c7 means any offense that is a felony violation of-- 7#a7 section #fda 7relating to theft of public money1 property1 or records71 section #fdd 7relating to theft1 embezzlement1 or misapplication by bank officer or employee71 or section #fea 7relating to theft from employee benefit plans72 7#b7 section #ajia 7relating to false personation of citizenship72 7#c7 section #ehb7;a77#f7 7relating to false statements in connection with the acquisition of a firearm72 7#d7 any provision contained in this subchapter 7relating to fraud and false statements71 other than this section or section #ghc7;a77#g72 7#e7 any provision contained in subchapter ,b of chapter #be 7relating to mail1 bank1 and wire fraud72 7#f7 any provision contained in subchapter ,f of chapter #ae 7relating to nationality and citizenship72 7#g7 section #ebc of the ,gramm-,leach-,bliley ,act 7relating to obtaining customer information by false pretenses72 7#h7 section #bdc or #bff of the ,immigration and ,nationality ,act 7relating to knowingly failing to leave the ,united ,states after deportation and creating a counterfeit alien registration card72 7#i7 any provision contained in chapter #h of title ,,ii of the ,immigration and ,nationality ,act 7relating to various immigration offenses72 or 7#aj7 section #bjh1 #haa1 #aajg7;b71 #aabh;,b7a71 or #afcb of the ,social ,security ,act 7relating to false statements relating to programs under the ,act74 #ghe4 ,fraudulent use of credit card 7a7 ,offense ,whoever-- 7#a7 knowingly in a transaction affecting interstate or foreign commerce1 uses any counterfeit1 fictitious1 altered1 forged1 lost1 stolen1 or fraudulently obtained credit card to obtain money1 goods1 services1 or anything else of value which within any one-year period has a value aggregating #a1jjj or more2 7#b7 with unlawful intent1 transports in interstate or foreign commerce a counterfeit1 fictitious1 altered1 forged1 lost1 stolen1 or fraudulently obtained credit card knowing the same to be counterfeit1 fictitious1 altered1 forged1 lost1 stolen1 or fraudulently obtained2 7#c7 with unlawful intent1 uses any instrumentality of interstate or foreign commerce to sell or transport a counterfeit1 fictitious1 altered1 forged1 lost1 stolen1 or fraudulently obtained credit card knowing the same to be counterfeit1 fictitious1 altered1 forged1 lost1 stolen1 or fraudulently obtained2 7#d7 knowingly receives1 conceals1 uses1 or transports money1 goods1 services1 or anything else of value 7except tickets for interstate or foreign transportation7 which-- 7,a7 within any one-year period has a value aggregating #a1jjj or more2 7,b7 has moved in1 is part of1 or constitutes interstate or foreign commerce2 and 7,c7 has been obtained with a counterfeit1 fictitious1 altered1 forged1 lost1 stolen1 or fraudulently obtained credit card2 7#e7 knowingly receives1 conceals1 uses1 sells1 or transports in interstate or foreign commerce one or more tickets for interstate or foreign transportation1 which-- 7,a7 within any one-year period have a value aggregating #ejj or more1 and 7,b7 have been purchased or obtained with one or more counterfeit1 fictitious1 altered1 forged1 lost1 stolen1 or fraudulently obtained credit cards2 or 7#f7 in a transaction affecting interstate or foreign commerce furnishes money1 property1 services1 or anything else of value1 which within any one-year period has a value aggregating #a1jjj or more1 through the use of any counterfeit1 fictitious1 altered1 forged1 lost1 stolen1 or fraudulently obtained credit card knowing the same to be counterfeit1 fictitious1 altered1 forged1 lost1 stolen1 or fraudulently obtained2 shall be imprisoned not more than ten years4 7b7 ,definitions ,a term used in this section that has a definition for the purposes of the ,consumer ,credit ,protection ,act has that same definition for the purposes of this section4 #ghf4 ,fraud and related activity in connection with access devices 7a7 ,offense ,whoever-- 7#a7 knowingly and with intent to defraud produces1 uses1 or traffics in one or more counterfeit access devices2 7#b7 knowingly and with intent to defraud traffics in or uses one or more unauthorized access devices during any one-year period1 and by such conduct obtains anything of value aggregating #a1jjj or more during that period2 7#c7 knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices2 7#d7 knowingly and with intent to defraud produces1 traffics in1 has control or custody of1 or possesses device-making equipment2 7#e7 knowingly and with intent to defraud effects transactions1 with #a or more access devices issued to another person or persons1 to receive payment or any other thing of value during any #a-year period the aggregate value of which is equal to or greater than #a1jjj2 7#f7 without the authorization of the issuer of the access device1 knowingly and with intent to defraud solicits a person for the purpose of-- 7,a7 offering an access device2 or 7,b7 selling information regarding or an application to obtain an access device2 7#g7 knowingly and with intent to defraud uses1 produces1 traffics in1 has control or custody of1 or possesses a telecommunications instrument that has been modified or altered to obtain unauthorized use of telecommunications services2 7#h7 knowingly and with intent to defraud uses1 produces1 traffics in1 has control or custody of1 or possesses a scanning receiver2 7#i7 knowingly uses1 produces1 traffics in1 has control or custody of1 or possesses hardware or software1 knowing it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization2 or 7#aj7 without the authorization of the credit card system member or its agent1 knowingly and with intent to defraud causes or arranges for another person to present to the member or its agent1 for payment1 #a or more evidences or records of transactions made by an access device2 shall1 if the offense affects interstate or foreign commerce1 be punished as provided in subsection 7b7 of this section4 7b7 ,penalties ,the punishment for an offense under subsection 7a7 is-- 7#a7 in the case of an offense that does not occur after a conviction for another offense under this section-- 7,a7 if the offense is under paragraph 7#a71 7#b71 7#c71 7#f71 7#g71 or 7#aj7 of subsection 7a71 a fine under this title or imprisonment for not more than #aj years1 or both2 and 7,b7 if the offense is under paragraph 7#d71 7#e71 7#h71 or 7#i7 of subsection 7a71 a fine under this title or imprisonment for not more than #ae years1 or both2 and 7#b7 in the case of an offense that occurs after a conviction for another offense under this section1 a fine under this title or imprisonment for not more than #bj years1 or both4 7c7 ,extraterritorial jurisdiction ,there is extraterritorial jurisdiction over an offense under this section if-- 7#a7 the offense involves an access device issued1 owned1 managed1 or controlled by a financial institution1 account issuer1 credit card system member1 or other entity within the jurisdiction of the ,united ,states2 and 7#b7 the person transports1 delivers1 conveys1 transfers to or through1 or otherwise stores1 secrets1 or holds within the jurisdiction of the ,united ,states1 any article used to assist in the commission of the offense or the proceeds of such offense or property derived therefrom4 7d7 ,authority of ,united ,states ,secret ,service ,the ,united ,states ,secret ,service shall1 in addition to any other agency having such authority1 have the authority to investigate offenses under this section4 ,such authority of the ,united ,states ,secret ,service shall be exercised in accordance with an agreement which shall be entered into by the ,secretary of the ,treasury and the ,attorney ,general4 7e7 ,official duty exclusion ,this section does not prohibit any lawfully authorized investigative1 protective1 or intelligence activity of a law enforcement agency of the ,united ,states1 a ,state1 or a political subdivision of a ,state1 or of an intelligence agency of the ,united ,states1 or any activity authorized under chapter #bbd4 7f7 ,business exclusion ,it is not a violation of subsection 7a77#i7 for an officer1 employee1 or agent of1 or a person engaged in business with1 a facilities-based carrier1 to engage in conduct 7other than trafficking7 otherwise prohibited by that subsection for the purpose of protecting the property or legal rights of that carrier1 unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without the authorization of such carrier4 7g7 ,affirmative defense ,in a prosecution for a violation of subsection 7a77#i7 7other than a violation consisting of producing or trafficking71 it is an affirmative defense that the conduct charged was engaged in for research or development in connection with a lawful purpose4 7h7 ,definitions ,as used in this section-- 7#a7 the term access device means any card1 plate1 code1 account number1 electronic serial number1 mobile identification number1 personal identification number1 or other telecommunications service1 equipment1 or instrument identifier1 or other means of account access that can be used1 alone or in conjunction with another access device1 to obtain money1 goods1 services1 or any other thing of value1 or that can be used to initiate a transfer of funds 7other than a transfer originated solely by paper instrument72 7#b7 the term counterfeit access device means any access device that is counterfeit1 fictitious1 altered1 or forged1 or an identifiable component of an access device or a counterfeit access device2 7#c7 the term unauthorized access device means any access device that is lost1 stolen1 expired1 revoked1 canceled1 or obtained with intent to defraud2 7#d7 the term produce includes design1 alter1 authenticate1 duplicate1 or assemble2 7#e7 the term traffic means transfer1 or otherwise dispose of1 to another1 or obtain control of with intent to transfer or dispose of2 7#f7 the term device-making equipment means any equipment1 mechanism1 or impression designed or primarily used for making an access device or a counterfeit access device2 7#g7 the term credit card system member means a financial institution or other entity that is a member of a credit card system1 including an entity1 whether affiliated with or identical to the credit card issuer1 that is the sole member of a credit card system2 7#h7 the term scanning receiver means a device or apparatus that can be used to intercept a wire or electronic communication in violation of subchapter ,b of chapter #cg or to intercept an electronic serial number1 mobile identification number1 or other identifier of any telecommunications service1 equipment1 or instrument2 7#i7 the term telecommunications service has the meaning given such term in section #c of title ,i of the ,communications ,act of #aicd2 7#aj7 the term facilities-based carrier means an entity that owns communications transmission facilities1 is responsible for the operation and maintenance of those facilities1 and holds an operating license issued by the ,federal ,communications ,commission under the authority of title ,,iii of the ,communications ,act of #aicd2 and 7#aa7 the term telecommunication identifying information means electronic serial number or any other number or signal that identifies a specific telecommunications instrument or account1 or a specific communication transmitted from a telecommunications instrument4 #ghg4 ,fraud and related activity in connection with computers 7a7 ,offense ,whoever-- 7#a7 having knowingly accessed a computer without authorization or exceeding authorized access1 and by means of such conduct having obtained information that has been determined by the ,united ,states ,government pursuant to an ,executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations1 or any restricted data1 as defined in paragraph y4 of section #aa of the ,atomic ,energy ,act of #aied1 with reason to believe that such information so obtained could be used to the injury of the ,united ,states1 or to the advantage of any foreign nation knowingly communicates1 delivers1 transmits1 or causes to be communicated1 delivered1 or transmitted1 or attempts to communicate1 deliver1 transmit or cause to be communicated1 delivered1 or transmitted the same to any person not entitled to receive it1 or knowingly retains the same and fails to deliver it to the officer or employee of the ,united ,states entitled to receive it2 7#b7 intentionally accesses a computer without authorization or exceeds authorized access1 and thereby obtains-- 7,a7 information contained in a financial record of a financial institution1 or of a card issuer as defined in section #afjb7n7 of title #ae1 or contained in a file of a consumer reporting agency on a consumer1 as such terms are defined in the ,fair ,credit ,reporting ,act2 7,b7 information from any department or agency of the ,united ,states2 or 7,c7 information from any protected computer2 7#c7 intentionally1 without authorization to access any nonpublic computer of a department or agency of the ,united ,states1 accesses such a computer of that department or agency that is exclusively for the use of the ,government of the ,united ,states or1 in the case of a computer not exclusively for such use1 is used by or for the ,government of the ,united ,states and such conduct affects that use by or for the ,government of the ,united ,states2 7#d7 knowingly and with intent to defraud1 accesses a protected computer without authorization1 or exceeds authorized access1 and by means of such conduct furthers the intended fraud and obtains anything of value1 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 #e1jjj in any #a-year period2 7#e7 7,a7 knowingly causes the transmission of a program1 information1 code1 or command1 and as a result of such conduct1 intentionally causes damage without authorization1 to a protected computer2 7,b7 intentionally accesses a protected computer without authorization1 and as a result of such conduct1 recklessly causes damage2 or 7,c7 intentionally accesses a protected computer without authorization1 and as a result of such conduct1 causes damage and loss2 7#f7 knowingly and with intent to defraud traffics 7as defined in section #ajbi7 in any password or similar information through which a computer may be accessed without authorization1 if-- 7,a7 such trafficking affects interstate or foreign commerce2 or 7,b7 such computer is used by or for the ,government of the ,united ,states2 or 7#g7 with intent to extort from any person any money or other thing of value1 transmits in interstate or foreign commerce any communication containing any-- 7,a7 threat to cause damage to a protected computer2 7,b7 threat to obtain information from a protected computer without authorization or in excess of authorization or to impair the confidentiality of information obtained from a protected computer without authorization or by exceeding authorized access2 or 7,c7 demand or request for money or other thing of value in relation to damage to a protected computer1 where such damage was caused to facilitate the extortion2 shall be punished as provided in subsection 7b7 of this section4 7b7 ,punishment ,the punishment for an offense under subsection 7a7 is-- 7#a7 7,a7 a fine under this title or imprisonment for not more than ten years1 or both1 in the case of an offense under subsection 7a77#a7 of this section which does not occur after a conviction for another offense under this section1 or an attempt to commit an offense punishable under this subparagraph2 and 7,b7 a fine under this title or imprisonment for not more than twenty years1 or both1 in the case of an offense under subsection 7a77#a7 of this section which occurs after a conviction for another offense under this section1 or an attempt to commit an offense punishable under this subparagraph2 7#b7 7,a7 except as provided in subparagraph 7,b71 a fine under this title or imprisonment for not more than one year1 or both1 in the case of an offense under subsection 7a77#b71 7a77#c71 7a77#e77;,a77iii71 or 7a77#f7 of this section which does not occur after a conviction for another offense under this section1 or an attempt to commit an offense punishable under this subparagraph2 7,b7 a fine under this title or imprisonment for not more than #e years1 or both1 in the case of an offense under subsection 7a77#b7 or an attempt to commit an offense punishable under this subparagraph1 if-- 7i7 the offense was committed for purposes of commercial advantage or private financial gain2 7ii7 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 ,state2 or 7iii7 the value of the information obtained exceeds #e1jjj2 and 7,c7 a fine under this title or imprisonment for not more than ten years1 or both1 in the case of an offense under subsection 7a77#b71 7a77#c7 or 7a77#f7 of this section which occurs after a conviction for another offense under such subsection1 or an attempt to commit an offense punishable under this subparagraph2 7#c7 7,a7 a fine under this title or imprisonment for not more than five years1 or both1 in the case of an offense under subsection 7a77#d7 or 7a77#g7 of this section which does not occur after a conviction for another offense under this section1 or an attempt to commit an offense punishable under this subparagraph2 and 7,b7 a fine under this title or imprisonment for not more than ten years1 or both1 in the case of an offense under subsection 7a77#d71 7a77#e77;,a77iii71 or 7a77#g7 of this section which occurs after a conviction for another offense under this section1 or an attempt to commit an offense punishable under this subparagraph2 7#d7 7,a7 except as provided in subparagraphs 7,e7 and 7,f71 a fine under this title1 imprisonment for not more than #e years1 or both1 in the case of-- 7i7 an offense under subsection 7a77#e77;,b71 which does not occur after a conviction for another offense under this section1 if the offense caused 7or1 in the case of an attempted offense1 would1 if completed1 have caused7-- 7,i7 loss to #a or more persons during any #a-year period 7and1 for purposes of an investigation1 prosecution1 or other proceeding brought by the ,united ,states only1 loss resulting from a related course of conduct affecting #a or more other protected computers7 aggregating at least #e1jjj in value2 7,,ii7 the modification or impairment1 or potential modification or impairment1 of the medical examination1 diagnosis1 treatment1 or care of #a or more individuals2 7,,iii7 physical injury to any person2 7,,iv7 a threat to public health or safety2 7,v7 damage affecting a computer used by or for an entity of the ,united ,states ,government in furtherance of the administration of justice1 national defense1 or national security2 or 7,,vi7 damage affecting #aj or more protected computers during any #a-year period2 or 7ii7 an attempt to commit an offense punishable under this subparagraph2 7,b7 except as provided in subparagraphs 7,e7 and 7,f71 a fine under this title1 imprisonment for not more than #aj years1 or both1 in the case of-- 7i7 an offense under subsection 7a77#e77;,a71 which does not occur after a conviction for another offense under this section1 if the offense caused 7or1 in the case of an attempted offense1 would1 if completed1 have caused7 a harm provided in subclauses 7,i7 through 7,,vi7 of subparagraph 7,a77i72 or 7ii7 an attempt to commit an offense punishable under this subparagraph2 7,c7 except as provided in subparagraphs 7,e7 and 7,f71 a fine under this title1 imprisonment for not more than #bj years1 or both1 in the case of-- 7i7 an offense or an attempt to commit an offense under subparagraphs 7,a7 or 7,b7 of subsection 7a77#e7 that occurs after a conviction for another offense under this section2 or 7ii7 an attempt to commit an offense punishable under this subparagraph2 7,d7 a fine under this title1 imprisonment for not more than #aj years1 or both1 in the case of-- 7i7 an offense or an attempt to commit an offense under subsection 7a77#e77;,c7 that occurs after a conviction for another offense under this section2 or 7ii7 an attempt to commit an offense punishable under this subparagraph2 7,e7 if the offender attempts to cause or knowingly or recklessly causes serious bodily injury from conduct in violation of subsection 7a77#e77;,a71 a fine under this title1 imprisonment for not more than #bj years1 or both2 7,f7 if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection 7a77#e77;,a71 a fine under this title1 imprisonment for any term of years or for life1 or both2 or 7,g7 a fine under this title1 imprisonment for not more than #a year1 or both1 for-- 7i7 any other offense under subsection 7a77#e72 or 7ii7 an attempt to commit an offense punishable under this subparagraph4 7c7 ,investigative authority 7#a7 ,united ,states ,secret ,service ,the ,united ,states ,secret ,service shall1 in addition to any other agency having such authority1 have the authority to investigate offenses under this section4 7#b7 ,federal ,bureau of ,investigation ,the ,federal ,bureau of ,investigation shall have primary authority to investigate offenses under subsection 7a77#a7 for any cases involving espionage1 foreign counterintelligence1 information protected against unauthorized disclosure for reasons of national defense or foreign relations1 or ,restricted ,data 7as that term is defined in section #aa y4 of the ,atomic ,energy ,act of #aied1 except for offenses affecting the duties of the ,united ,states ,secret ,service pursuant to section #cjef7;a74 7#c7 ,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 ,general4 7d7 ,definitions ,as used in this section-- 7#a7 the term computer means an electronic1 magnetic1 optical1 electrochemical1 or other high speed data processing device performing logical1 arithmetic1 or storage functions1 and includes any data storage facility or communications facility directly related to or operating in conjunction with such device1 but such term does not include an automated typewriter or typesetter1 a portable hand held calculator1 or other similar device2 7#b7 the term protected computer means a computer-- 7,a7 exclusively for the use of a financial institution or the ,united ,states ,government1 or1 in the case of a computer not exclusively for such use1 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 ,government2 or 7,b7 which is used in interstate or foreign commerce or communication1 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 ,states2 7#c7 the term financial institution has meaning given the term in section #a1 except that such term-- 7,a7 includes-- 7i7 a broker or dealer registered with the ,securities and ,exchange ,commission pursuant to section #ae of the ,securities ,exchange ,act of #aicd2 and 7ii7 the ,securities ,investor ,protection ,corporation2 and 7,b7 does not include-- 7i7 a small business investment company 7as defined in section #ajc of the ,small ,business ,investment ,act of #aieh72 or 7ii7 a depository institution holding company 7as defined in section #c7w77#a7 of the ,federal ,deposit ,insurance ,act74 7#d7 the term financial record means information derived from any record held by a financial institution pertaining to a customer's relationship with the financial institution2 7#e7 the term exceeds authorized access means to access 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 alter2 7#f7 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 #aja of title #e2 7#g7 the term damage means any impairment to the integrity or availability of data1 a program1 a system1 or information2 7#h7 the term government entity includes the ,government of the ,united ,states1 any ,state or political subdivision of the ,united ,states1 any foreign country1 and any state1 province1 municipality1 or other political subdivision of a foreign country2 7#i7 the term conviction shall include a conviction under the law of any ,state for a crime punishable by imprisonment for more than #a year1 an element of which is unauthorized access1 or exceeding authorized access1 to a computer2 and 7#aj7 the term loss means any reasonable cost to any victim1 including the cost of responding to an offense1 conducting a damage assessment1 and restoring the data1 program1 system1 or information to its condition prior to the offense1 and any revenue lost1 cost incurred1 or other consequential damages incurred because of interruption of service4 7e7 ,exclusion ,this section does not prohibit any lawfully authorized investigative1 protective1 or intelligence activity of a law enforcement agency of the ,united ,states1 a ,state1 or a political subdivision of a ,state1 or of an intelligence agency of the ,united ,states4 7f7 ,civil action ,whoever suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief4 ,a civil action for a violation of this section may be brought only if the conduct involves #a of the factors set forth in clause subclause 7,i71 7,,ii71 7,,iii71 7,,iv71 or 7,v7 of subsection 7b77#d77;,a77i74 ,damages for a violation involving only conduct described in subsection 7b77#d77;,a77i77,i7 are limited to economic damages4 ,no action may be brought under this subsection unless such action is begun within #b years of the date of the act complained of or the date of the discovery of the damage4 ,no action may be brought under this subsection for the negligent design or manufacture of computer hardware1 computer software1 or firmware4 #ghh4 ,major fraud against the ,united ,states 7a7 ,offense ,whoever knowingly executes1 or attempts to execute1 any scheme or artifice with the intent-- 7#a7 to defraud the ,united ,states2 or 7#b7 to obtain money or property by means of false or fraudulent pretenses1 representations1 or promises1 in any grant1 contract1 subcontract1 subsidy1 loan1 guarantee1 insurance1 or other form of ,federal assistance1 including through the ,troubled ,asset ,relief ,program1 an economic stimulus1 recovery or rescue plan provided by the ,government1 or the ,government's purchase of any troubled asset as defined in the ,emergency ,economic ,stabilization ,act of #bjjh1 or in any procurement of property or services as a prime contractor with the ,united ,states or as a subcontractor or supplier on a contract in which there is a prime contract with the ,united ,states1 if the value of such grant1 contract1 subcontract1 subsidy1 loan1 guarantee1 insurance1 or other form of ,federal assistance 1 or any constituent part thereof1 is #a1jjj1jjj or more shall1 subject to the applicability of subsection 7c7 of this section1 be imprisoned not more than #aj years4 7b7 ,increased fine ,the fine imposed for an offense under this section may exceed the maximum otherwise provided by law1 if such fine does not exceed #e1jjj1jjj and-- 7#a7 the gross loss to the ,government or the gross gain to a defendant is #ejj1jjj or greater2 or 7#b7 the offense involves a conscious or reckless risk of serious personal injury4 7c7 ,increased fine on multiple counts ,the maximum fine imposed upon a defendant for a prosecution including a prosecution with multiple counts under this section shall not exceed #aj1jjj1jjj4 7d7 ,disclaimer ,nothing in this section shall preclude a court from imposing any other sentences available under this title1 including a fine up to twice the amount of the gross loss or gross gain involved in the offense pursuant to section #cega7;d74 7e7 ,limitation ,a prosecution of an offense under this section may be commenced any time not later than #g years after the offense is committed1 plus any additional time otherwise allowed by law4 7f7 ,whistleblower ,any individual who-- 7#a7 is discharged1 demoted1 suspended1 threatened1 harassed1 or in any other manner discriminated against in the terms and conditions of employment by an employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of a prosecution under this section 7including investigation for1 initiation of1 testimony for1 or assistance in such prosecution71 and 7#b7 was not a participant in the unlawful activity that is the subject of such prosecution2 may1 in a civil action1 obtain all relief necessary to make such individual whole4 ,such relief shall include reinstatement with the same seniority status such individual would have had but for the discrimination1 #b times the amount of back pay1 interest on the back pay1 and compensation for any special damages sustained as a result of the discrimination1 including litigation costs and reasonable attorney's fees4 #ghi4 ,concealment of assets from conservator1 receiver1 or liquidating agent ,whoever-- 7#a7 knowingly conceals an asset or property from the ,federal ,deposit ,insurance ,corporation1 acting as conservator or receiver or in the ,corporation's corporate capacity with respect to any asset acquired or liability assumed by the ,corporation under section #aa1 #ab1 or #ac of the ,federal ,deposit ,insurance ,act1 any conservator appointed by the ,comptroller of the ,currency1 the ,federal ,deposit ,insurance ,corporation acting as receiver for a covered financial company1 in accordance with title ,,ii of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act1 or the ,national ,credit ,union ,administration ,board1 acting as conservator or liquidating agent2 7#b7 corruptly impedes the functions of such ,corporation1 ,board1 or conservator2 or 7#c7 corruptly places an asset or property beyond the reach of such ,corporation1 ,board1 or conservator1 shall be imprisoned not more than #e years4 #gij4 ,crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce 7a7 ,false statement offense 7#a7 ,whoever is engaged in the business of insurance whose activities affect interstate commerce and knowingly1 with the intent to deceive1 makes any false material statement or report or knowingly and materially overvalues any land1 property or security-- 7,a7 in connection with any financial reports or documents 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 person1 and 7,b7 for the purpose of influencing the actions of such official or agency or such an appointed agent or examiner1 shall be punished as provided in paragraph 7#b74 7#b7 ,the punishment for an offense under paragraph 7#a7 is a fine as established under this title or imprisonment for not more than #aj years1 or both1 except that the term of imprisonment shall be not more than #ae years if the statement or report or overvaluing of land1 property1 or security jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation1 rehabilitation1 or liquidation by an appropriate court4 7b7 ,embezzlement and similar conduct 7#a7 ,whoever-- 7,a7 acting as1 or being an officer1 director1 agent1 or employee of1 any person engaged in the business of insurance whose activities affect interstate commerce1 or 7,b7 is engaged in the business of insurance whose activities affect interstate commerce or is involved 7other than as an insured or beneficiary under a policy of insurance7 in a transaction relating to the conduct of affairs of such a business1 knowingly embezzles1 abstracts1 purloins1 or misappropriates any of the moneys1 funds1 premiums1 credits1 or other property of such person so engaged shall be punished as provided in paragraph 7#b74 7#b7 ,the punishment for an offense under paragraph 7#a7 is a fine as provided under this title or imprisonment for not more than #aj years1 or both1 except that if such embezzlement1 abstraction1 purloining1 or misappropriation described in paragraph 7#a7 jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation1 rehabilitation1 or liquidation by an appropriate court1 such imprisonment shall be not more than #ae years4 ,if the amount or value so embezzled1 abstracted1 purloined1 or misappropriated does not exceed #e1jjj1 whoever violates paragraph 7#a7 shall be imprisoned not more than one year4 7c7 ,false entries 7#a7 ,whoever is engaged in the business of insurance and whose activities affect interstate commerce or is involved 7other than as an insured or beneficiary under a policy of insurance7 in a transaction relating to the conduct of affairs of such a business1 knowingly makes any false entry of material fact in any book1 report1 or statement of such person engaged in the business of insurance with intent to deceive any person1 including any officer1 employee1 or agent of such person engaged in the business of insurance1 any insurance regulatory official or agency1 or any agent or examiner appointed by such official or agency to examine the affairs of such person1 about the financial condition or solvency of such business shall be punished as provided in paragraph 7#b74 7#b7 ,the punishment for an offense under paragraph 7#a7 is a fine as provided under this title or imprisonment for not more than #aj years1 or both1 except that if the false entry in any book1 report1 or statement of such person jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation1 rehabilitation1 or liquidation by an appropriate court1 such imprisonment shall be not more than #ae years4 7d7 ,obstruction ,whoever1 by threats or force or by any threatening letter or communication1 corruptly influences1 obstructs1 or impedes or endeavors corruptly to influence1 obstruct1 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 examiner appointed by such official or agency to examine the affairs of a person engaged in the business of insurance whose activities affect interstate commerce1 shall be imprisoned not more than #aj years4 7e7 ,disqualification for insurance business 7#a7 7,a7 ,any individual who has been convicted of any criminal felony involving dishonesty or a breach of trust1 or who has been convicted of an offense under this section1 and who knowingly engages in the business of insurance whose activities affect interstate commerce or participates in such business1 shall be imprisoned not more than #e years4 7,b7 ,any individual who is engaged in the business of insurance whose activities affect interstate commerce and who knowingly permits the participation described in subparagraph 7,a7 shall be imprisoned not more than #e years4 7#b7 ,a person described in paragraph 7#a77;,a7 may engage in the business of insurance or participate in such business if such person has the written consent of any insurance regulatory official authorized to regulate the insurer1 which consent specifically refers to this subsection4 7f7 ,definitions ,as used in this section-- 7#a7 the term business of insurance means-- 7,a7 the writing of insurance1 or 7,b7 the reinsuring of risks1 by an insurer1 including all acts necessary or incidental to such writing or reinsuring and the activities of persons who act as1 or are1 officers1 directors1 agents1 or employees of insurers or who are other persons authorized to act on behalf of such persons2 and 7#b7 the term insurer means any entity the business activity of which is the writing of insurance or the reinsuring of risks1 and includes any person who acts as1 or is1 an officer1 director1 agent1 or employee of that business4 #gia4 ,civil penalties and injunctions for violations of section #gij 7a7 ,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 offense under section #gij and1 upon proof of such conduct by a preponderance of the evidence1 such person shall be subject to a civil penalty of not more than #ej1jjj for each violation or the amount of compensation which the person received or offered for the prohibited conduct1 whichever amount is greater4 ,if the offense has contributed to the decision of a court of appropriate jurisdiction to issue an order directing the conservation1 rehabilitation1 or liquidation of an insurer1 such penalty shall be remitted to the appropriate regulatory official for the benefit of the policyholders1 claimants1 and creditors of such insurer4 ,the imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory1 common law1 or administrative remedy1 which is available by law to the ,united ,states or any other person4 7b7 ,order prohibiting ,if the ,attorney ,general has reason to believe that a person is engaged in conduct constituting an offense under section #gij1 the ,attorney ,general may petition an appropriate ,united ,states district court for an order prohibiting that person from engaging in such conduct4 ,the court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense4 ,the filing of a petition under this section does not preclude any other remedy which is available by law to the ,united ,states or any other person4 #gib4 ,false statements relating to health care matters ,whoever1 in any matter involving a health care benefit program1 knowingly-- 7#a7 falsifies1 conceals1 or covers up by any trick1 scheme1 or device a material fact2 or 7#b7 makes any materially false1 fictitious1 or fraudulent statements or representations1 or makes or uses any materially false writing or document knowing the same to contain any materially false1 fictitious1 or fraudulent statement or entry1 in connection with the delivery of or payment for health care benefits1 items1 or services1 shall be imprisoned not more than #e years4 #gic4 ,entry by false pretenses to any real property1 vessel1 or aircraft of the ,united ,states or secure area of any airport or seaport 7a7 ,offense ,whoever1 by any fraud or false pretense1 enters-- 7#a7 any real property belonging in whole or in part to1 or leased by1 the ,united ,states2 7#b7 any vessel or aircraft belonging in whole or in part to1 or leased by1 the ,united ,states2 7#c7 any secure or restricted area of any seaport1 designated as secure in an approved security plan1 as required under section #gjajc of title #df and the rules and regulations promulgated under that section2 or 7#d7 any secure area of any airport1 shall be punished as provided in subsection 7b74 7b7 ,punishment ,the punishment for an offense under subsection 7a7 is-- 7#a7 imprisonment for not more than #aj years1 if the offense is committed with the intent to commit a felony2 or 7#b7 imprisonment for not more than #f months1 in any other case4 7c7 ,definitions ,as used in this section-- 7#a7 the term secure area means an area access to which is restricted by the airport authority1 captain of the seaport1 or a public agency2 and 7#b7 the term airport has the meaning given such term in section #dgajb of title #di4 #gid4 ,fraud and related activity in connection with electronic mail 7a7 ,in general ,whoever1 in or affecting interstate or foreign commerce1 knowingly-- 7#a7 accesses a protected computer without authorization1 and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer1 7#b7 uses a protected computer to relay or retransmit multiple commercial electronic mail messages1 with the intent to deceive or mislead recipients1 or any ,internet access service1 as to the origin of such messages1 7#c7 materially falsifies header information in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages1 7#d7 registers1 using information that materially falsifies the identity of the actual registrant1 for five or more electronic mail accounts or online user accounts or two or more domain names1 and intentionally initiates the transmission of multiple commercial electronic mail messages from any combination of such accounts or domain names1 or 7#e7 falsely represents oneself to be the registrant or the legitimate successor in interest to the registrant of #e or more ,internet ,protocol addresses1 and intentionally initiates the transmission of multiple commercial electronic mail messages from such addresses1 shall be punished as provided in paragraph 7b74 7b7 ,penalties ,the punishment for an offense under subsection 7a7 is-- 7#a7 a fine under this title1 imprisonment for not more than #e years1 or both1 if-- 7,a7 the offense is committed in furtherance of any felony under the laws of the ,united ,states or of any ,state2 or 7,b7 the defendant has previously been convicted under this section or section #ghg1 or under the law of any ,state for conduct involving the transmission of multiple commercial electronic mail messages or unauthorized access to a computer system2 7#b7 a fine under this title1 imprisonment for not more than #c years1 or both1 if-- 7,a7 the offense is an offense under subsection 7a77#a72 7,b7 the offense is an offense under subsection 7a77#d7 and involved #bj or more falsified electronic mail or online user account registrations1 or #aj or more falsified domain name registrations2 7,c7 the volume of electronic mail messages transmitted in furtherance of the offense exceeded #b1ejj during any #bd-;hour period1 #be1jjj during any #cj-;day period1 or #bej1jjj during any #a-year period2 7,d7 the offense caused loss to one or more persons aggregating #e1jjj or more in value during any #a-year period2 7,e7 as a result of the offense any individual committing the offense obtained anything of value aggregating #e1jjj or more during any #a-year period2 or 7,f7 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 leader2 and 7#c7 a fine under this title or imprisonment for not more than #a year1 or both1 in any other case4 7c7 ,definitions ,for the purposes of this section-- 7#a7 the term loss has the meaning given that term in section #ghg7;d72 7#b7 for purposes of paragraphs 7#c7 and 7#d7 of subsection 7a71 header information or registration information is materially falsified if it is altered or concealed in a manner that would impair the ability of a recipient of the message1 an ,internet access service processing the message on behalf of a recipient1 a person alleging a violation of this section1 or a law enforcement agency to identify1 locate1 or respond to a person who initiated the electronic mail message or to investigate the alleged violation2 7#c7 the term multiple means more than #ajj electronic mail messages during a #bd-;hour period1 more than #a1jjj electronic mail messages during a #cj-;day period1 or more than #aj1jjj electronic mail messages during a #a-year period2 and 7#d7 any other term has the meaning given that term by section #c of the ,,can-,,spam ,act of #bjjc4 #gie4 ,false information and hoaxes 7a7 ,criminal violation 7#a7 ,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 activity has taken1 is taking1 or will take place that would constitute a violation of subchapter ,a or ,d of chapter #cc1 subchapter ,b of chapter #ae1 or subchapter ,b1 ,d1 ,e1 or ,f of chapter #ba of this title1 section #bcf of the ,atomic ,energy ,act of #aied1 or section #dfejb1 the second sentence of section #dfejd1 section #dfeje7;b77#c7 or 7c71 section #dfejf if homicide or attempted homicide is involved1 or section #fjabc7;b7 of title #di1 shall-- 7,a7 be imprisoned not more than #e years2 7,b7 if serious bodily injury results1 be imprisoned not more than #bj years2 and 7,c7 if death results1 be imprisoned for any number of years up to life4 7#b7 ,armed ,forces ,whoever makes a false statement1 with intent to convey false or misleading information1 about the death1 injury1 capture1 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 engaged-- 7,a7 shall be imprisoned not more than #e years2 7,b7 if serious bodily injury results1 shall be imprisoned not more than #bj years2 and 7,c7 if death results1 shall be imprisoned for any number of years or for life4 7b7 ,civil action ,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 activity has taken1 is taking1 or will take place that would constitute a violation of subchapter ,a or ,d of chapter #cc1 subchapter ,b of chapter #ae1 or subchapter ,b1 ,d1 ,e1 or ,f of chapter #ba of this title1 section #bcf of the ,atomic ,energy ,act of #aied1 or section #dfejb1 the second sentence of section #dfejd1 section #dfeje7;b77#c7 or 7c71 section #dfejf if homicide or attempted homicide is involved1 or section #fjabc7;b7 of title #di is liable in a civil action to any party incurring expenses incident to any emergency or investigative response to that conduct1 for those expenses4 7c7 ,reimbursement 7#a7 ,in general ,the court1 in imposing a sentence on a defendant who has been convicted of an offense under subsection 7a71 shall order the defendant to reimburse any state or local government1 or private not-for-profit organization that provides fire or rescue service incurring expenses incident to any emergency or investigative response to that conduct1 for those expenses4 7#b7 ,liability ,a person ordered to make reimbursement under this subsection shall be jointly and severally liable for such expenses with each other person1 if any1 who is ordered to make reimbursement under this subsection for the same expenses4 7#c7 ,civil judgment ,an order of reimbursement under this subsection shall1 for the purposes of enforcement1 be treated as a civil judgment4 7d7 ,activities of law enforcement ,this section does not prohibit any lawfully authorized investigative1 protective1 or intelligence activity of a law enforcement agency of the ,united ,states1 a ,state1 or political subdivision of a ,state1 or of an intelligence agency of the ,united ,states4 #gif4 ,fraud and related activity in connection with obtaining confidential phone records information of a covered entity 7a7 ,criminal violation ,whoever1 in interstate or foreign commerce1 knowingly and intentionally obtains1 or attempts to obtain1 confidential phone records information of a covered entity1 by-- 7#a7 making false or fraudulent statements or representations to an employee of a covered entity2 7#b7 making such false or fraudulent statements or representations to a customer of a covered entity2 7#c7 providing a document to a covered entity knowing that such document is false or fraudulent2 or 7#d7 accessing customer accounts of a covered entity via the ,internet1 or by means of conduct that violates section #ghg1 without prior authorization from the customer to whom such confidential phone records information relates2 shall be imprisoned for not more than #aj years4 7b7 ,prohibition on sale or transfer of confidential phone records information 7#a7 ,except as otherwise permitted by applicable law1 whoever1 in interstate or foreign commerce1 knowingly and intentionally sells or transfers1 or attempts to sell or transfer1 confidential phone records information of a covered entity1 without prior authorization from the customer to whom such confidential phone records information relates1 or knowing or having reason to know such information was obtained fraudulently1 shall be imprisoned not more than #aj years4 7#b7 ,for purposes of this subsection1 the exceptions specified in section #bbb7;d7 of the ,communications ,act of #aicd apply for the use of confidential phone records information by any covered entity1 as defined in subsection 7h74 7c7 ,prohibition on purchase or receipt of confidential phone records information 7#a7 ,except as otherwise permitted by applicable law1 whoever1 in interstate or foreign commerce1 knowingly and intentionally purchases or receives1 or attempts to purchase or receive1 confidential phone records information of a covered entity1 without prior authorization from the customer to whom such confidential phone records information relates1 or knowing or having reason to know such information was obtained fraudulently1 shall be imprisoned not more than #aj years4 7#b7 ,for purposes of this subsection1 the exceptions specified in section #bbb7;d7 of the ,communications ,act of #aicd apply for the use of confidential phone records information by any covered entity1 as defined in subsection 7h74 7d7 ,enhanced penalties for aggravated cases ,whoever violates1 or attempts to violate1 subsection 7a71 7b71 or 7c7 while violating another law of the ,united ,states or as part of a pattern of any illegal activity involving more than #ajj1jjj1 or more than #ej customers of a covered entity1 in a #ab-month period shall1 in addition to the penalties provided for in such subsection1 be imprisoned for not more than #e years4 7e7 ,enhanced penalties for use of information in furtherance of certain criminal offenses 7#a7 ,whoever1 violates1 or attempts to violate1 subsection 7a71 7b71 or 7c7 knowing that such information may be used in furtherance of1 or with the intent to commit1 an offense described in section #afa or any other crime of violence shall1 in addition to the penalties provided for in such subsection1 be imprisoned not more than #e years4 7#b7 ,whoever1 violates1 or attempts to violate1 subsection 7a71 7b71 or 7c7 knowing that such information may be used in furtherance of1 or with the intent to commit1 an offense under section #ajb1 #aab1 #aca1 #aacb1 #aacg1 or #aach1 or to intimidate1 threaten1 harass1 injure1 or kill any ,federal1 ,state1 or local law enforcement officer shall1 in addition to the penalties provided for in such subsection1 be and imprisoned not more than #e years4 7f7 ,extraterritorial jurisdiction ,there is extraterritorial jurisdiction over an offense under this section4 7g7 ,nonapplicability to law enforcement agencies ,this section does not prohibit any lawfully authorized investigative1 protective1 or intelligence activity of a law enforcement agency of the ,united ,states1 a ,state1 or political subdivision of a ,state1 or of an intelligence agency of the ,united ,states4 7h7 ,definitions ,in this section3 7#a7 ,confidential phone records information ,the term confidential phone records information means information that-- 7,a7 relates to the quantity1 technical configuration1 type1 destination1 location1 or amount of use of a service offered by a covered entity1 subscribed to by any customer of that covered entity1 and kept by or on behalf of that covered entity solely by virtue of the relationship between that covered entity and the customer2 7,b7 is made available to a covered entity by a customer solely by virtue of the relationship between that covered entity and the customer2 or 7,c7 is contained in any bill1 itemization1 or account statement provided to a customer by or on behalf of a covered entity solely by virtue of the relationship between that covered entity and the customer4 7#b7 ,covered entity ,the term covered entity-- 7,a7 has the same meaning given the term telecommunications carrier in section #c of the ,communications ,act of #aicd2 and 7,b7 includes any provider of ,,ip-enabled voice service4 7#c7 ,customer ,the term customer means1 with respect to a covered entity1 any individual1 partnership1 association1 joint stock company1 trust1 or corporation1 or authorized representative of such customer1 to whom the covered entity provides a product or service4 7#d7 ,,ip-enabled voice service ,the term ,,ip-enabled voice service means the provision of real-time voice communications offered to the public1 or such class of users as to be effectively available to the public1 transmitted through customer premises equipment using ,,tcp_/,,ip protocol1 or a successor protocol1 7whether part of a bundle of services or separately7 with interconnection capability such that the service can originate traffic to1 or terminate traffic from1 the public switched telephone network1 or a successor network4 ,b ,,mail ,,fraud #hja4 ,frauds and swindles4 #hjb4 ,fictitious name or address4 #hjc4 ,fraud by wire1 radio1 or television4 #hjd4 ,bank fraud4 #hje4 ,definition of scheme or artifice to defraud4 #hjf4 ,health care fraud4 #hjg4 ,securities and commodities fraud4 #hjh4 ,failure of corporate officers to certify financial reports4 #hja4 ,frauds and swindles ,whoever1 having devised or intending to devise any scheme or artifice to defraud1 or for obtaining money or property by means of false or fraudulent pretenses1 representations1 or promises1 or to sell1 dispose of1 loan1 exchange1 alter1 give away1 distribute1 supply1 or furnish or procure for unlawful use any counterfeit or spurious coin1 obligation1 security1 or other article1 or anything represented to be or intimated or held out to be such counterfeit or spurious article1 for the purpose of executing such scheme or artifice or attempting so to do1 places in any post office or authorized depository for mail matter1 any matter or thing whatever to be sent or delivered by the ,postal ,service1 or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier1 or takes or receives therefrom1 any such matter or thing1 or knowingly causes to be delivered by mail or such carrier according to the direction thereon1 or at the place at which it is directed to be delivered by the person to whom it is addressed1 any such matter or thing1 shall be imprisoned not more than #bj years4 ,if the violation occurs in relation to1 or involving any benefit authorized1 transported1 transmitted1 transferred1 disbursed1 or paid in connection with1 a presidentially declared major disaster or emergency 7as those terms are defined in section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act71 or affects a financial institution1 such person shall be imprisoned not more than #cj years4 #hjb4 ,fictitious name or address ,whoever1 for the purpose of conducting1 promoting1 or carrying on by means of the ,postal ,service1 any scheme or device mentioned in section #hja or any other unlawful business1 uses or assumes1 or requests to be addressed by1 any fictitious1 false1 or assumed title1 name1 or address or name other than his own proper name1 or takes or receives from any post office or authorized depository of mail matter1 any letter1 postal card1 package1 or other mail matter addressed to any such fictitious1 false1 or assumed title1 name1 or address1 or name other than his or her own proper name1 shall be imprisoned not more than five years4 #hjc4 ,fraud by wire1 radio1 or television ,whoever1 having devised or intending to devise any scheme or artifice to defraud1 or for obtaining money or property by means of false or fraudulent pretenses1 representations1 or promises1 transmits or causes to be transmitted by means of wire1 radio1 or television communication in interstate or foreign commerce1 any writings1 signs1 signals1 pictures1 or sounds for the purpose of executing such scheme or artifice1 shall be imprisoned not more than #bj years4 ,if the violation occurs in relation to1 or involving any benefit authorized1 transported1 transmitted1 transferred1 disbursed1 or paid in connection with1 a presidentially declared major disaster or emergency 7as those terms are defined in section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act71 or affects a financial institution1 such person shall be imprisoned not more than #cj years4 #hjd4 ,bank fraud ,whoever knowingly executes1 a scheme or artifice-- 7#a7 to defraud a financial institution2 or 7#b7 to obtain any of the moneys1 funds1 credits1 assets1 securities1 or other property owned by1 or under the custody or control of1 a financial institution1 by means of false or fraudulent pretenses1 representations1 or promises2 shall be imprisoned not more than #cj years4 #hje4 ,definition of scheme or artifice to defraud ,for the purposes of this subchapter1 the term scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services4 #hjf4 ,health care fraud ,whoever knowingly executes a scheme or artifice-- 7#a7 to defraud any health care benefit program2 or 7#b7 to obtain1 by means of false or fraudulent pretenses1 representations1 or promises1 any of the money or property owned by1 or under the custody or control of1 any health care benefit program1 in connection with the delivery of or payment for health care benefits1 items1 or services1 shall be fined under this title or imprisoned not more than #aj years1 or both4 ,if the violation results in serious bodily injury1 such person shall be imprisoned not more than #bj years1 and if the violation results in death1 such person shall be imprisoned for any term of years or for life4 #hjg4 ,securities and commodities fraud ,whoever knowingly executes a scheme or artifice-- 7#a7 to defraud any person in connection with any commodity for future delivery1 or any option on a commodity for future delivery1 or any security of an issuer with a class of securities registered under section #ab of the ,securities ,exchange ,act of #aicd or that is required to file reports under section #ae7;d7 of the ,securities ,exchange ,act of #aicd2 or 7#b7 to obtain1 by means of false or fraudulent pretenses1 representations1 or promises1 any money or property in connection with the purchase or sale of any commodity for future delivery1 or any option on a commodity for future delivery1 or any security of an issuer with a class of securities registered under section #ab of the ,securities ,exchange ,act of #aicd or that is required to file reports under section #ae7;d7 of the ,securities ,exchange ,act of #aicd2 shall be imprisoned not more than #be years4 #hjh4 ,failure of corporate officers to certify financial reports 7a7 ,certification of periodic financial reports ,each periodic report containig financial statements filed by an issuer with the ,securities ,exchange ,commission pursuant to section #ac7;a7 or #ae7;d7 of the ,securities ,exchange ,act of #aicd shall be accompanied by a written statement by the chief executive officer and chief financial officer 7or equivalent thereof7 of the issuer4 7b7 ,content ,the statement required under subsection 7a7 shall certify that the periodic report containing the financial statements fully complies with the requirements of section #ac7;a7 or #ae7;d7 of the ,securities ,exchange ,act of #aicd and that information contained in the periodic report fairly presents1 in all material respects1 the financial condition and results of operations of the issuer4 7c7 ,criminal penalties ,whoever knowingly-- 7#a7 certifies any statement as set forth in subsections 7a7 and 7b7 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 #aj years2 or 7#b7 certifies any statement as set forth in subsections 7a7 and 7b7 knowing that the periodic report accompanying the statement does not comport with all the requirements set forth in this section1 shall be imprisoned not more than #bj years4 #bg ,,crimes ,,related ,,to ,,federal ,,government ,,responsibilities ,subchapter ,a4 ,coins and currency ,b4 ,customs ,c4 ,indians ,d4 ,bankruptcy ,e4 ,civil rights ,f4 ,foreign relations ,g4 ,postal service ,h4 ,special maritime and territorial jurisdiction of the ,united ,states ,a ,,coins ,,and ,,currency #hea4 ,mutilation1 diminution1 and falsification of coins4 #heb4 ,mutilation of national bank obligations4 #hea4 ,mutilation1 diminution1 and falsification of coins ,whoever-- 7#a7 fraudulently alters1 defaces1 mutilates1 impairs1 diminishes1 falsifies1 scales1 or lightens any of the coins coined at the mints of the ,united ,states1 or any foreign coins which are by law made current or are in actual use or circulation as money within the ,united ,states2 or 7#b7 fraudulently possesses1 passes1 utters1 publishes1 or sells1 or attempts to pass1 utter1 publish1 or sell1 or brings into the ,united ,states1 any such coin1 knowing the same to be altered1 defaced1 mutilated1 impaired1 diminished1 falsified1 scaled1 or lightened2 shall be imprisoned not more than five years4 #heb4 ,mutilation of national bank obligations ,whoever mutilates1 cuts1 defaces1 disfigures1 or perforates1 or unites or cements together1 or does any other thing to any bank bill1 draft1 note1 or other evidence of debt issued by any national banking association1 or ,federal ,reserve bank1 or the ,federal ,reserve ,system1 with intent to render such bank bill1 draft1 note1 or other evidence of debt unfit to be reissued1 shall be imprisoned not more than six months4 ,b ,,customs #hfa4 ,entry of goods falsely classified4 #hfb4 ,entry of goods by means of false statements4 #hfc4 ,smuggling goods into the ,united ,states4 #hfd4 ,smuggling goods into foreign countries4 #hfe4 ,removing goods from ,customs custody2 breaking seals4 #hff4 ,importation or exportation of stolen motor vehicles1 off-highway mobile equipment1 vessels1 or aircraft4 #hfg4 ,smuggling goods from the ,united ,states4 #hfh4 ,border tunnels and passages4 #hfa4 ,entry of goods falsely classified ,whoever knowingly effects any entry of goods1 wares1 or merchandise1 at less than the true weight or measure thereof1 or upon a false classification as to quality or value1 or by the payment of less than the amount of duty legally due1 shall be imprisoned not more than two years4 #hfb4 ,entry of goods by means of false statements 7a7 ,offense ,whoever-- 7#a7 enters or introduces1 or attempts to enter or introduce1 into the commerce of the ,united ,states any imported merchandise by means of any fraudulent or false invoice1 declaration1 affidavit1 letter1 paper1 or by means of any false statement1 written or verbal1 or by means of any false or fraudulent practice or appliance1 or makes any false statement in any declaration without reasonable cause to believe the truth of such statement1 or procures the making of any such false statement as to any matter material thereto without reasonable cause to believe the truth of such statement1 whether or not the ,united ,states shall or may be deprived of any lawful duties2 or 7#b7 knowingly engages in an act or omission whereby the ,united ,states is or may be deprived of any lawful duties accruing upon merchandise embraced or referred to in such invoice1 declaration1 affidavit1 letter1 paper1 or statement1 or affected by such act or omission2 shall be imprisoned not more than two years4 7b7 ,definition ,as used in this section1 the term commerce of the ,united ,states does not include commerce with ,virgin ,islands1 ,american ,samoa1 ,wake ,island1 ,midway ,islands1 ,kingman ,reef1 ,johnston ,island1 or ,guam4 #hfc4 ,smuggling goods into the ,united ,states 7a7 ,offense ,whoever-- 7#a7 knowingly and with intent to defraud the ,united ,states1 smuggles1 or clandestinely introduces or attempts to smuggle or clandestinely introduce into the ,united ,states any merchandise which should have been invoiced1 or makes out or passes1 or attempts to pass1 through the customhouse any false1 forged1 or fraudulent invoice1 or other document or paper2 or 7#b7 fraudulently or knowingly imports or brings into the ,united ,states1 any merchandise contrary to law1 or receives1 conceals1 buys1 sells1 or in any manner facilitates the transportation1 concealment1 or sale of such merchandise after importation1 knowing the same to have been imported or brought into the ,united ,states contrary to law2 shall be imprisoned not more than #bj years4 7b7 ,forfeiture ,merchandise introduced into the ,united ,states in violation of this section1 or the value thereof1 to be recovered from any person described in subsection 7a71 shall be forfeited to the ,united ,states4 7c7 ,definition ,the term ,united ,states1 as used in this section1 does not include ,virgin ,islands1 ,american ,samoa1 ,wake ,island1 ,midway ,islands1 ,kingman ,reef1 ,johnston ,island1 or ,guam4 #hfd4 ,smuggling goods into foreign countries 7a7 ,offense ,whoever1 owning in whole or in part any vessel of the ,united ,states1 employs1 or participates in1 or allows the employment of1 such vessel for the purpose of smuggling1 or attempting to smuggle1 or assisting in smuggling1 any merchandise into the territory of any foreign government in violation of the laws there in force1 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 customs revenue1 and any citizen of1 or person domiciled in1 or any corporation incorporated in1 the ,united ,states1 controlling or substantially participating in the control of any such vessel1 directly or indirectly1 whether through ownership of corporate shares or otherwise1 and allowing the employment of said vessel for any such purpose1 and any person found1 or discovered to have been1 on board of any such vessel so employed and participating or assisting in any such purpose1 shall be imprisoned not more than two years4 7b7 ,hiring or chartering of vessels ,it shall constitute 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 vessel intends to employ such vessel for any of the purposes described in this section and if such vessel is1 during the time such lease or charter is in effect1 employed for any such purpose4 #hfe4 ,removing goods from ,customs custody2 breaking seals ,whoever knowingly-- 7#a7 without authority1 affixes or attaches a customs seal1 fastening1 or mark1 or any seal1 fastening1 or mark purporting to be a customs seal1 fastening1 or mark to any vessel1 vehicle1 warehouse1 or package2 7#b7 without authority1 removes1 breaks1 injures1 or defaces any customs seal or other fastening or mark placed upon any vessel1 vehicle1 warehouse1 or package containing merchandise or baggage in bond or in customs custody2 7#c7 enters any bonded warehouse or any vessel or vehicle laden with or containing bonded merchandise with intent unlawfully to remove therefrom any merchandise or baggage therein1 or unlawfully removes any merchandise or baggage in such vessel1 vehicle1 or bonded warehouse or otherwise in customs custody or control2 or 7#d7 receives or transports any merchandise or baggage unlawfully removed from any such vessel1 vehicle1 or warehouse1 knowing the same to have been unlawfully removed2 shall be imprisoned not more than #aj years4 #hff4 ,importation or exportation of stolen motor vehicles1 off-highway mobile equipment1 vessels1 or aircraft 7a7 ,offense ,whoever knowingly imports1 exports1 or attempts to import or export-- 7#a7 any motor vehicle1 off-highway mobile equipment1 vessel1 aircraft1 or part of any motor vehicle1 off-highway mobile equipment1 vessel1 or aircraft1 knowing the same to have been stolen2 or 7#b7 any motor vehicle or off-highway mobile equipment or part of any motor vehicle or off-highway mobile equipment1 knowing that the identification number of such motor vehicle1 equipment1 or part has been removed1 obliterated1 tampered with1 or altered2 shall be imprisoned not more than #aj years4 7b7 ,exclusion ,subsection 7a77#b7 does not apply if the removal1 obliteration1 tampering1 or alteration-- 7#a7 is caused by collision or fire2 or 7#b7 7,a7 in the case of a motor vehicle1 is not a violation of section #gag 7relating to altering or removing motor vehicle identification numbers72 or 7,b7 in the case of off-highway mobile equipment1 would not be a violation of section #gag if such equipment were a motor vehicle4 7c7 ,definitions ,as used in this section-- 7#a7 the term motor vehicle has the meaning given that term in section #cbaja of title #di2 7#b7 the term off-highway mobile equipment means any self-propelled agricultural equipment1 self-propelled construction equipment1 and self-propelled special use equipment1 used or designed for running on land but not on rail or highway2 7#c7 the term vessel has the meaning given that term in section #dja of the ,tariff ,act of #aicj2 7#d7 the term aircraft has the meaning given that term in section #djajb7;a7 of title #di2 and 7#e7 the term identification number-- 7,a7 in the case of a motor vehicle1 has the meaning given that term in section #gag2 and 7,b7 in the case of any other vehicle or equipment covered by this section1 means a number or symbol assigned to the vehicle or equipment1 or part thereof1 by the manufacturer primarily for the purpose of identifying such vehicle1 equipment1 or part4 #hfg4 ,smuggling goods from the ,united ,states 7a7 ,offense ,whoever fraudulently or knowingly exports or sends from the ,united ,states any merchandise1 article1 or object contrary to any law or regulation of the ,united ,states1 or receives1 conceals1 buys1 sells1 or in any manner facilitates the transportation1 concealment1 or sale of such merchandise1 article or object1 prior to exportation1 knowing the same to be intended for exportation contrary to any law or regulation of the ,united ,states1 shall be imprisoned not more than #aj years4 7b7 ,definition ,as used in this section1 the term ,united ,states has the meaning given that term in section #hfc4 #hfh4 ,border tunnels and passages 7a7 ,construction ,whoever knowingly constructs or finances the construction of a tunnel or subterranean passage that crosses the international border between the ,united ,states and another country1 other than a lawfully authorized tunnel or passage known to the ,secretary of ,homeland ,security and subject to inspection by ,immigration and ,customs ,enforcement1 shall be imprisoned for not more than #bj years4 7b7 ,disregarding construction ,whoever knows or recklessly disregards the construction or use of a tunnel or passage described in subsection 7a7 on land that the person owns or controls shall be imprisoned for not more than #aj years4 7c7 ,use 7#a7 ,offense ,whoever uses a tunnel or passage described in subsection 7a7 to unlawfully smuggle an alien1 goods 7in violation of section #hfc71 controlled substances1 weapons of mass destruction 7including biological weapons71 or a member of a terrorist organization shall be subject to a maximum term of imprisonment that is twice the maximum term of imprisonment that would have otherwise been applicable had the unlawful activity not made use of such a tunnel or passage4 7#b7 ,definition ,as used in this subsection1 the term terrorist organization means an organization designated as a terrorist organization under section #bai of the ,immigration and ,nationality ,act4 ,c ,,indians #hga4 ,indian country defined4 #hgb4 ,laws governing4 #hgc4 ,offenses committed within ,indian country4 #hgd4 ,state jurisdiction over offenses committed by or against ,indians in the ,indian country4 #hge4 ,embezzlement and theft from ,indian ,tribal organizations4 #hgf4 ,theft from gaming establishments on ,indian lands4 #hgg4 ,theft by officers or employees of gaming establishments on ,indian lands4 #hgh4 ,reporting of child abuse4 #hgi4 ,illegal trafficking in ,native ,american human remains and cultural items4 #hga4 ,indian country defined ,the term ,indian country1 as used in this subchapter1 means-- 7#a7 all land within the limits of any ,indian reservation under the jurisdiction of the ,united ,states ,government1 notwithstanding the issuance of any patent1 and1 including rights-of-way running through the reservation2 7#b7 all dependent ,indian communities within the borders of the ,united ,states whether within the original or subsequently acquired territory thereof1 and whether within or without the limits of a ,state2 and 7#c7 all ,indian allotments1 the ,indian titles to which have not been extinguished1 including rights-of-way running through the same4 #hgb4 ,laws governing 7a7 ,generally ,except as otherwise expressly provided by law1 the general laws of the ,united ,states as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the ,united ,states1 except the ,district of ,columbia1 shall extend to the ,indian country4 7b7 ,limitation ,this section does not extend to offenses committed by one ,indian against the person or property of another ,indian1 nor to any ,indian committing any offense in the ,indian country who has been punished by the local law of the tribe1 or to any case where1 by treaty stipulations1 the exclusive jurisdiction over such offenses is or may be secured to the ,indian tribes respectively4 #hgc4 ,offenses committed within ,indian country 7a7 ,major crimes ,any ,indian who commits against the person or property of another ,indian or other person any of the following offenses1 namely1 murder1 manslaughter1 kidnapping1 maiming1 a felony under subchapter ,a of chapter #ac1 incest1 assault with intent to commit murder1 assault with a dangerous weapon1 assault resulting in serious bodily injury1 an assault against an individual who has not attained the age of #af years1 arson1 burglary1 robbery1 and a felony under section #fdi within the ,indian country1 shall be subject to the same law and penalties as all other persons committing any of the above offenses1 within the exclusive jurisdiction of the ,united ,states4 7b7 ,definition of certain offenses ,any offense referred to in subsection 7a7 of this section that is not defined and punished by ,federal law in force within the exclusive jurisdiction 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 offense4 #hgd4 ,state jurisdiction over offenses committed by or against ,indians in the ,indian country 7a7 ,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 ,state1 and the criminal laws of such ,state shall have the same force and effect within such ,indian country as they have elsewhere within the ,state3 ,alaska,all ,indian country within the ,state1 except that on ,annette ,islands1 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 jurisdiction has not been extended4 ,california,all ,indian country within the ,state4 ,minnesota,all ,indian country within the ,state1 except the ,red ,lake ,reservation4 ,nebraska,all ,indian country within the ,state4 ,oregon,all ,indian country within the ,state1 except the ,warm ,springs ,reservation4 ,wisconsin,all ,indian country within the ,state4 7b7 ,non-,criminal matters not affected ,nothing in this section-- 7#a7 authorizes the alienation1 encumbrance1 or taxation of any real or personal property1 including water rights1 belonging to any ,indian or any ,indian tribe1 band1 or community that is held in trust by the ,united ,states or is subject to a restriction against alienation imposed by the ,united ,states2 7#b7 authorizes regulation of the use of such property in a manner inconsistent with any ,federal treaty1 agreement1 or statute or with any regulation made pursuant thereto2 or 7#c7 deprives any ,indian or any ,indian tribe1 band1 or community of any right1 privilege1 or immunity afforded under ,federal treaty1 agreement1 or statute with respect to hunting1 trapping1 or fishing or the control1 licensing1 or regulation thereof4 7c7 ,nonapplication ,sections #hgb and #hgc do not apply within the areas of ,indian country listed in subsection 7a7 as areas over which a ,state has exclusive jurisdiction4 7d7 ,exception ,notwithstanding subsection 7c71 at the request of an ,indian tribe1 and after consultation with and consent by the ,attorney ,general-- 7#a7 sections #hgb and #hgc apply in the areas of the ,indian country of the ,indian tribe2 and 7#b7 jurisdiction over those areas shall be concurrent among the ,federal ,government1 ,state governments1 and1 where applicable1 tribal governments4 #hge4 ,embezzlement and theft from ,indian tribal organizations 7a7 ,offense ,whoever embezzles1 steals1 unlawfully converts1 knowingly misapplies1 or knowingly permits to be misapplied1 any of the property belonging to any ,indian tribal organization or entrusted to the custody or care of any officer1 employee1 or agent of an ,indian tribal organization shall be imprisoned not more than five years2 but if the value of such property does not exceed the sum of #a1jjj1 shall be imprisoned not more than one year4 7b7 ,definition ,as used in this section1 the term ,indian tribal organization means any tribe1 band1 or community of ,indians which is subject to the laws of the ,united ,states relating to ,indian affairs or any corporation1 association1 or group which is organized under any of such laws4 #hgf4 ,theft from gaming establishments on ,indian lands ,whoever abstracts1 purloins1 knowingly misapplies1 or takes and carries away with intent to steal1 any money1 funds1 or other property belonging to 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 shall be imprisoned for not more than ten years1 but if the value of such property does not exceed #a1jjj1 shall be imprisoned not more than one year4 #hgg4 ,theft by officers or employees of gaming establishments on ,indian lands ,whoever1 being an officer1 employee1 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 ,commission1 embezzles1 abstracts1 purloins1 knowingly misapplies1 or takes and carries away with intent to steal1 any moneys1 funds1 assets1 or other property of such establishment shall be imprisoned for not more than #bj years1 but if the value of such property is #a1jjj or less shall be imprisoned not more than five years4 #hgh4 ,reporting of child abuse 7a7 ,basic reporting offense ,whoever-- 7#a7 is a-- 7,a7 physician1 surgeon1 dentist1 podiatrist1 chiropractor1 nurse1 dental hygienist1 optometrist1 medical examiner1 emergency medical technician1 paramedic1 or health care provider1 7,b7 teacher1 school counselor1 instructional aide1 teacher's aide1 teacher's assistant1 or bus driver employed by any tribal1 ,federal1 public or private school1 7,c7 administrative officer1 supervisor of child welfare and attendance1 or truancy officer of any tribal1 ,federal1 public or private school1 7,d7 child day care worker1 headstart teacher1 public assistance worker1 worker in a group home or residential or day care facility1 or social worker1 7,e7 psychiatrist1 psychologist1 or psychological assistant1 7,f7 licensed or unlicensed marriage1 family1 or child counselor1 7,g7 person employed in the mental health profession1 or 7,h7 law enforcement officer1 probation officer1 worker in a juvenile rehabilitation or detention facility1 or person employed in a public agency who is responsible for enforcing statutes and judicial orders2 7#b7 knows1 or has reasonable suspicion1 that-- 7,a7 a child was abused in ,indian country1 or 7,b7 actions are being taken1 or are going to be taken1 that would reasonably be expected to result in abuse of a child in ,indian country2 and 7#c7 fails to immediately report such abuse or actions described in paragraph 7#b7 to the local child protective services agency or local law enforcement agency1 shall be imprisoned for not more than #f months4 7b7 ,offense by supervisors ,whoever-- 7#a7 supervises1 or has authority over1 a person described in subsection 7a77#a71 and 7#b7 inhibits or prevents that person from making the report described in subsection 7a71 shall be imprisoned for not more than #f months4 7c7 ,definitions ,as used in this section-- 7#a7 the term abuse includes-- 7,a7 any case in which-- 7i7 a child is dead or exhibits evidence of skin bruising1 bleeding1 malnutrition1 failure to thrive1 burns1 fracture of any bone1 subdural hematoma1 soft tissue swelling1 and 7ii7 such condition is not justifiably explained or may not be the product of an accidental occurrence2 and 7,b7 any case in which a child is subjected to sexual assault1 sexual molestation1 sexual exploitation1 sexual contact1 or prostitution2 7#b7 the term child means an individual who-- 7,a7 is not married1 and 7,b7 has not attained #ah years of age2 7#c7 the term local child protective services agency means that agency of the ,federal ,government1 of a ,state1 or of an ,indian tribe that has the primary responsibility for child protection on any ,indian reservation or within any community in ,indian country2 and 7#d7 the term local law enforcement agency means that ,federal1 tribal1 or ,state law enforcement agency that has the primary responsibility for the investigation of an instance of alleged child abuse within the portion of ,indian country involved4 7d7 ,immunity from civil or criminal liability for reporting ,any person making a report described in subsection 7a7 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 report4 #hgi4 ,illegal trafficking in ,native ,american human remains and cultural items 7a7 ,human remains ,whoever knowingly sells1 purchases1 uses for profit1 or transports for sale or profit1 the human remains of a ,native ,american without the right of possession to those remains as provided in the ,native ,american ,graves ,protection and ,repatriation ,act shall be imprisoned not more than #ab months1 and in the case of a second or subsequent violation1 be imprisoned not more than #e years4 7b7 ,cultural items ,whoever knowingly sells1 purchases1 uses for profit1 or transports for sale or profit any ,native ,american cultural items obtained in violation of the ,native ,american ,grave ,protection and ,repatriation ,act shall be imprisoned not more than one year1 and in the case of a second or subsequent violation1 be imprisoned not more than #e years4 ,d ,,bankruptcy #hha4 ,concealment of assets2 false oaths and claims2 bribery4 #hhb4 ,embezzlement against estate4 #hhc4 ,adverse interest and conduct of officers4 #hhd4 ,fee agreements in cases under title #aa and receiverships4 #hhe4 ,bankruptcy fraud4 #hhf4 ,definition4 #hha4 ,concealment of assets2 false oaths and claims2 bribery ,whoever-- 7#a7 knowingly conceals from a custodian1 trustee1 marshal1 or other officer of the court charged with the control or custody of property1 or1 in connection with a case under title #aa1 from creditors or the ,united ,states ,trustee1 any property belonging to the estate of a debtor2 7#b7 knowingly makes a false oath or account in or in relation to any case under title #aa2 7#c7 knowingly makes a false declaration1 certificate1 verification1 or statement under penalty of perjury as permitted under section #agdf of title #bh1 in or in relation to any case under title #aa2 7#d7 knowingly presents any false claim for proof against the estate of a debtor1 or uses any such claim in any case under title #aa1 in a personal capacity or as or through an agent1 proxy1 or attorney2 7#e7 knowingly receives any material amount of property from a debtor after the filing of a case under title #aa1 with intent to defeat the provisions of title #aa2 7#f7 knowingly and corruptly gives1 offers1 receives1 or attempts to obtain any money or property1 remuneration1 compensation1 reward1 advantage1 or promise thereof for acting or forbearing to act in any case under title #aa2 7#g7 in a personal capacity or as an agent or officer of any person or corporation1 in contemplation of a case under title #aa by or against the person or any other person or corporation1 or with intent to defeat the provisions of title #aa1 knowingly transfers or conceals any of his property or the property of such other person or corporation2 7#h7 after the filing of a case under title #aa or in contemplation thereof1 knowingly conceals1 destroys1 mutilates1 falsifies1 or makes a false entry in any recorded information 7including books1 documents1 records1 and papers7 relating to the property or financial affairs of a debtor2 or 7#i7 after the filing of a case under title #aa1 knowingly withholds from a custodian1 trustee1 marshal1 or other officer of the court or a ,united ,states ,trustee entitled to its possession1 any recorded information 7including books1 documents1 records1 and papers7 relating to the property or financial affairs of a debtor1 shall be imprisoned not more than #e years4 #hhb4 ,embezzlement against estate 7a7 ,offense ,whoever1 being described in subsection 7b71 knowingly and unlawfully appropriates to the person's own use1 embezzles1 spends1 or transfers any property or secretes or destroys any document belonging to the estate of a debtor shall be imprisoned not more than #e years4 7b7 ,person to whom section applies ,a person described in this subsection is one who has access to property or documents belonging to an estate by virtue of the person's participation in the administration of the estate as a trustee1 custodian1 marshal1 attorney1 or other officer of the court or as an agent1 employee1 or other person engaged by such an officer to perform a service with respect to the estate4 #hhc4 ,adverse interest and conduct of officers ,whoever1 being a custodian1 trustee1 marshal1 or other officer of the court-- 7#a7 knowingly purchases any property of the estate of which the person is such an officer in a case under title #aa2 7#b7 knowingly refuses to permit a reasonable opportunity for the inspection by parties in interest of the documents and accounts relating to the affairs of estates in the person's charge by parties when directed by the court to do so2 or 7#c7 knowingly refuses to permit a reasonable opportunity for the inspection by the ,united ,states ,trustee of the documents and accounts relating to the affairs of an estate in the person's charge1 shall be fined under this title and shall forfeit the person's office1 which shall thereupon become vacant4 #hhd4 ,fee agreements in cases under title #aa and receiverships ,whoever1 being a party in interest1 whether as a debtor1 creditor1 receiver1 trustee or representative of any of them1 or attorney for any such party in interest1 in any receivership or case under title #aa in any ,united ,states court or under its supervision1 knowingly and corruptly enters into any agreement1 express or implied1 with another such party in interest or attorney for another such party in interest1 for the purpose of fixing the fees or other compensation to be paid to any party in interest or to any attorney for any party in interest for services rendered in connection therewith1 from the assets of the estate1 shall be imprisoned not more than one year4 #hhe4 ,bankruptcy fraud ,whoever for the purpose of executing or concealing a scheme or artifice to defraud-- 7#a7 files a petition under title #aa1 including a fraudulent involuntary petition under section #cjc of such title2 7#b7 files a document in a proceeding under title #aa2 or 7#c7 makes a false or fraudulent representation1 claim1 or promise concerning or in relation to a proceeding under title #aa1 at any time before or after the filing of the petition1 or in relation to a proceeding falsely asserted to be pending under such title1 shall be imprisoned not more than #e years4 #hhf4 ,definition ,as used in this subchapter1 the term debtor means a debtor concerning whom a petition has been filed under title #aa4 ,e ,,civil ,,rights #hia4 ,conspiracy against rights4 #hib4 ,deprivation of rights under color of law4 #hic4 ,exclusion of jurors on account of race or color4 #hid4 ,discrimination against person wearing uniform of ,armed ,forces4 #hie4 ,federally protected activities4 #hif4 ,deprivation of relief benefits4 #hig4 ,damage to religious property2 obstruction of persons in the free exercise of religious beliefs4 #hih4 ,freedom of access to clinic entrances4 #hii4 ,voting ,rights ,act violations4 #ijj4 ,prevention of intimidation in fair housing cases4 #ija4 ,hate crime acts4 #hia4 ,conspiracy against rights ,if two or more persons-- 7#a7 conspire to injure1 oppress1 threaten1 or intimidate any person in any ,state in the free exercise or enjoyment of any right or privilege secured to that person by the ,constitution or laws of the ,united ,states1 or because of that person's having so exercised the same2 or 7#b7 go in disguise on the highway1 or on the premises of another1 with intent to prevent or hinder that other's free exercise or enjoyment of any right or privilege so secured2 each shall be imprisoned not more than ten years2 and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap1 aggravated sexual abuse or an attempt to commit aggravated sexual abuse1 or an attempt to kill1 each shall be imprisoned for any term of years or for life1 or may be sentenced to death4 #hib4 ,deprivation of rights under color of law ,whoever1 under color of any law1 statute1 ordinance1 regulation1 or custom1 knowingly subjects any person in any ,state to the deprivation of any rights1 privileges1 or immunities secured or protected by the ,constitution or laws of the ,united ,states1 or to different punishments1 pains1 or penalties1 on account of such person being an alien1 or by reason of his color1 or race1 than are prescribed for the punishment of citizens1 shall be imprisoned not more than one year2 and if bodily injury results from the acts committed in violation of this section or if such acts include the use1 attempted use1 or threatened use of a dangerous weapon1 explosives1 or fire1 shall be imprisoned not more than ten years2 and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap1 aggravated sexual abuse1 or an attempt to commit aggravated sexual abuse1 or an attempt to kill1 shall be imprisoned for any term of years or for life1 or may be sentenced to death4 #hic4 ,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 ,states1 or of any ,state on account of race1 color1 or previous condition of servitude2 and whoever1 being an officer or other person charged with any duty in the selection or summoning of jurors1 excludes or fails to summon any citizen for such cause1 shall be fined not more than #e1jjj4 #hid4 ,discrimination against person wearing uniform of ,armed ,forces ,whoever1 being a proprietor1 manager1 or employee of a theater or other public place of entertainment or amusement in the ,district of ,columbia1 or in any territory1 or possession of the ,united ,states1 causes any person wearing the uniform of any of the armed forces of the ,united ,states to be discriminated against because of that uniform1 shall be fined under this title4 #hie4 ,federally protected activities 7a7 ,construction 7#a7 ,nothing in this section shall be construed as indicating an intent on the part of ,congress to prevent any ,state1 any possession or ,commonwealth of the ,united ,states1 or the ,district of ,columbia1 from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section1 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 violations of ,state and local law4 ,no prosecution of any offense described in this section shall be undertaken by the ,united ,states except upon the certification in writing of the ,attorney ,general1 the ,deputy ,attorney ,general1 the ,associate ,attorney ,general1 or any ,assistant ,attorney ,general 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 justice1 which function of certification may not be delegated4 7#b7 ,nothing in this subsection shall be construed to limit the authority of ,federal officers1 or a ,federal grand jury1 to investigate possible violations of this section4 7b7 ,offense ,whoever1 by force or threat of force1 knowingly injures1 intimidates1 or interferes with-- 7#a7 any person because he is or has been1 or in order to intimidate such person or any other person or any class of persons from-- 7,a7 voting or qualifying to vote1 qualifying or campaigning as a candidate for elective office1 or qualifying or acting as a poll watcher1 or any legally authorized election official1 in any primary1 special1 or general election2 7,b7 participating in or enjoying any benefit1 service1 privilege1 program1 facility1 or activity provided or administered by the ,united ,states2 7,c7 applying for or enjoying employment1 or any perquisite thereof1 by any agency of the ,united ,states2 7,d7 serving1 or attending upon any court in connection with possible service1 as a grand or petit juror in any court of the ,united ,states2 or 7,e7 participating in or enjoying the benefits of any program or activity receiving ,federal financial assistance2 7#b7 any person because of his race1 color1 religion or national origin and because he is or has been-- 7,a7 enrolling in or attending any public school or public college2 7,b7 participating in or enjoying any benefit service1 privilege1 program1 facility or activity provided or administered by any ,state or subdivision thereof2 7,c7 applying for or enjoying employment1 or any perquisite thereof1 by any private employer or any agency of any ,state or subdivision thereof1 or joining or using the services or advantages of any labor organization1 hiring hall1 or employment agency2 7,d7 serving1 or attending upon any court of any ,state in connection with possible service1 as a grand or petit juror2 7,e7 traveling in or using any facility of interstate commerce1 or using any vehicle1 terminal1 or facility of any common carrier by motor1 rail1 water1 or air2 7,f7 enjoying the goods1 services1 facilities1 privileges1 advantages1 or accommodations of any inn1 hotel1 motel1 or other establishment which provides lodging to transient guests1 or of any restaurant1 cafeteria1 lunchroom1 lunch counter1 soda fountain1 or other facility which serves the public and which is principally engaged in selling food or beverages for consumption on the premises1 or of any gasoline station1 or of any motion picture house1 theater1 concert hall1 sports arena1 stadium1 or any other place of exhibition or entertainment which serves the public1 or of any other establishment which serves the public and-- 7i7 which is located within the premises of any of the aforesaid establishments or within the premises of which is physically located any of the aforesaid establishments2 and 7ii7 which holds itself out as serving patrons of such establishments2 7#c7 during or incident to a riot or civil disorder1 any person engaged in a business in commerce or affecting commerce1 including1 but not limited to1 any person engaged in a business which sells or offers for sale to interstate travelers a substantial portion of the articles1 commodities1 or services which it sells or where a substantial portion of the articles or commodities which it sells or offers for sale have moved in commerce2 or 7#d7 any person because that person is or has been1 or in order to intimidate such person or any other person or any class of persons from-- 7,a7 participating1 without discrimination on account of race1 color1 religion or national origin1 in any of the benefits or activities described in subparagraphs 7#a77;,a7 through 7#a77;,e7 or subparagraphs 7#b77;,a7 through 7#b77;,f72 or 7,b7 affording another person or class of persons opportunity or protection to so participate2 or 7#e7 any citizen because that person is or has been1 or in order to intimidate such citizen or any other citizen from lawfully aiding or encouraging other persons to participate1 without discrimination on account of race1 color1 religion or national origin1 in any of the benefits or activities described in subparagraphs 7#a77;,a7 through 7#a77;,e7 or subparagraphs 7#b77;,a7 through 7#b77;,f71 or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate1 shall be imprisoned not more than one year2 and if bodily injury results from the acts committed in violation of this section or if such acts include the use1 attempted use1 or threatened use of a dangerous weapon1 explosives1 or fire1 shall be imprisoned not more than ten years2 and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap1 aggravated sexual abuse or an attempt to commit aggravated sexual abuse1 or an attempt to kill1 shall be imprisoned for any term of years or for life or may be sentenced to death4 7c7 ,definition ,as used in this section1 the term participating lawfully in speech or peaceful assembly shall not mean the aiding1 abetting1 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 riot4 ,nothing in subparagraph 7#b77;,f7 or 7#d77;,a7 of this subsection applies to the proprietor of any establishment which provides lodging to transient guests1 or to any employee acting on behalf of such proprietor1 with respect to the enjoyment of the goods1 services1 facilities1 privileges1 advantages1 or accommodations 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 residence4 7d7 ,law enforcement duties not affected ,nothing in this section shall be construed so as to deter any law enforcement officer from lawfully carrying out the duties of his office2 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 ,states1 the ,district of ,columbia1 any of the several ,states1 or any political subdivision of a ,state4 ,for purposes of the preceding sentence1 the term law enforcement officer means any officer of the ,united ,states1 the ,district of ,columbia1 a ,state1 or political subdivision of a ,state1 who is empowered by law to conduct investigations of1 or make arrests because of1 offenses against the ,united ,states1 the ,district of ,columbia1 a ,state1 or a political subdivision of a ,state4 #hif4 ,deprivation of relief benefits ,whoever directly or indirectly deprives1 attempts to deprive1 or threatens to deprive any person of any employment1 position1 work1 compensation1 or other benefit provided for or made possible in whole or in part by any ,act of ,congress appropriating funds for work relief or relief purposes1 on account of political affiliation1 race1 color1 sex1 religion1 or national origin1 shall be imprisoned not more than one year4 #hig4 ,damage to religious property2 obstruction of persons in the free exercise of religious beliefs 7a7 ,religious property offense relating to religious character ,whoever1 in or affecting interstate or foreign commerce-- 7#a7 knowingly defaces1 damages1 or destroys any religious real property1 because of the religious character of that property2 or 7#b7 knowingly obstructs1 by force or threat of force1 any person in the enjoyment of that person's free exercise of religious beliefs2 shall be punished as provided in subsection 7c74 7b7 ,property offense motivated by racial and other characteristics ,whoever knowingly defaces1 damages1 or destroys any religious real property because of the race1 color1 or ethnic characteristics of any individual associated with that religious property1 shall be punished as provided in subsection 7c74 7c7 ,punishment ,the punishment for a violation of subsection 7a7 is-- 7#a7 if death results from acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap1 aggravated sexual abuse or an attempt to commit aggravated sexual abuse1 or an attempt to kill1 imprisonment for any term of years or for life1 or death2 7#b7 if bodily injury results to any person1 including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section1 and the violation is by means of fire or an explosive1 or imprisonment for more that #dj years2 7#c7 if bodily injury to any person1 including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section1 results from the acts committed in violation of this section or if such acts include the use1 attempted use1 or threatened use of a dangerous weapon1 explosives1 or fire1 imprisonment for not more than #bj years2 and 7#d7 in any other case1 imprisonment for not more than one year4 7d7 ,certification ,no prosecution of any offense described 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 justice4 7e7 ,definition ,as used in this section1 the term religious real property means any church1 synagogue1 mosque1 religious cemetery1 or other religious real property1 including fixtures or religious objects contained within a place of religious worship4 7f7 ,limitation ,no person shall be prosecuted1 tried1 or punished for any noncapital offense under this section unless the indictment is found or the information is instituted not later than #g years after the date on which the offense was committed4 #hih4 ,freedom of access to clinic entrances 7a7 ,prohibited activities ,whoever-- 7#a7 by force or threat of force or by physical obstruction1 knowingly injures1 intimidates or interferes with any person because that person is or has been1 or in order to intimidate such person or any other person or any class of persons from1 obtaining or providing reproductive health services2 7#b7 by force or threat of force or by physical obstruction1 knowingly injures1 intimidates or interferes with any person lawfully exercising or seeking to exercise the ,first ,amendment right of religious freedom at a place of religious worship2 or 7#c7 knowingly damages or destroys the property of a facility1 or attempts to do so1 because such facility provides reproductive health services1 or knowingly damages or destroys the property of a place of religious worship1 shall be subject to the penalties provided in subsection 7b7 and the civil remedies provided in subsection 7c71 except that a parent or legal guardian of a child shall not be subject to any penalties or civil remedies under this section for such activities insofar as they are directed exclusively at that child4 7b7 ,penalties ,whoever violates this section shall-- 7#a7 in the case of a first offense1 be imprisoned not more than one year2 and 7#b7 in the case of a second or subsequent offense after a prior conviction under this section1 be imprisoned not more than #c years2 except that for an offense involving exclusively a nonviolent physical obstruction1 the fine shall1 notwithstanding section #cega1 not be more than #aj1jjj and the length of imprisonment shall be not more than six months1 or both1 for the first offense2 and the fine shall1 notwithstanding section #cega1 be not more than #be1jjj and the length of imprisonment shall be not more than #ah months1 or both1 for a subsequent offense2 and except that if bodily injury results1 the length of imprisonment shall be not more than #aj years1 and if death results1 it shall be for any term of years or for life4 7c7 ,civil remedies 7#a7 ,right of action 7,a7 ,in general ,any person aggrieved by reason of the conduct prohibited by subsection 7a7 may commence a civil action for the relief set forth in subparagraph 7,b71 except that such an action may be brought under subsection 7a77#a7 only by a person involved in providing or seeking to provide1 or obtaining or seeking to obtain1 services in a facility that provides reproductive health services1 and such an action may be brought under subsection 7a77#b7 only by a person lawfully exercising or seeking to exercise the ,first ,amendment right of religious freedom at a place of religious worship or by the entity that owns or operates such place of religious worship4 7,b7 ,relief ,in any action under subparagraph 7,a71 the court may award appropriate relief1 including temporary1 preliminary or permanent injunctive relief and compensatory and punitive damages1 as well as the costs of suit and reasonable fees for attorneys and expert witnesses4 ,with respect to compensatory damages1 the plaintiff may elect1 at any time prior to the rendering of final judgment1 to recover1 in lieu of actual damages1 an award of statutory damages in the amount of #e1jjj per violation4 7#b7 ,action by attorney general of the ,united ,states 7,a7 ,in general ,if the ,attorney ,general of the ,united ,states has reasonable cause to believe that any person or group of persons is being1 has been1 or may be injured by conduct constituting a violation of this section1 the ,attorney ,general may commence a civil action in any appropriate ,united ,states ,district ,court4 7,b7 ,relief ,in any action under subparagraph 7,a71 the court may award appropriate relief1 including temporary1 preliminary or permanent injunctive relief1 and compensatory damages to persons aggrieved as described in paragraph 7#a77;,b74 ,the court1 to vindicate the public interest1 may also assess a civil penalty against each respondent-- 7i7 in an amount not exceeding #aj1jjj for a nonviolent physical obstruction and #ae1jjj for other first violations2 and 7ii7 in an amount not exceeding #ae1jjj for a nonviolent physical obstruction and #be1jjj for any other subsequent violation4 7#c7 ,actions by state attorneys general 7,a7 ,in general ,if the ,attorney ,general of a ,state has reasonable cause to believe that any person or group of persons is being1 has been1 or may be injured by conduct constituting a violation of this section1 such ,attorney ,general may commence a civil action in the name of such ,state1 as parens patriae on behalf of natural persons residing in such ,state1 in any appropriate ,united ,states ,district ,court4 7,b7 ,relief ,in any action under subparagraph 7,a71 the court may award appropriate relief1 including temporary1 preliminary or permanent injunctive relief1 compensatory damages1 and civil penalties as described in paragraph 7#b77;,b74 7d7 ,rules of construction ,nothing in this section shall be construed-- 7#a7 to prohibit any expressive conduct 7including peaceful picketing or other peaceful demonstration7 protected from legal prohibition by the ,first ,amendment to the ,constitution2 or 7#b7 to create new remedies for interference with activities protected by the free speech or free exercise clauses of the ,first ,amendment to the ,constitution1 occurring outside a facility1 regardless of the point of view expressed1 or to limit any existing legal remedies for such interference4 7e7 ,definitions ,as used in this section-- 7#a7 the term facility includes a hospital1 clinic1 physician's office1 or other facility that provides reproductive health services1 and includes the building or structure in which the facility is located2 7#b7 the term interfere with means to restrict a person's freedom of movement2 7#c7 the term intimidate means to place a person in reasonable apprehension of bodily harm to him-or herself or to another2 7#d7 the term physical obstruction means rendering impassable ingress to or egress from a facility that provides reproductive health services or to or from a place of religious worship1 or rendering passage to or from such a facility or place of religious worship unreasonably difficult or hazardous2 and 7#e7 the term reproductive health services means reproductive health services provided in a hospital1 clinic1 physician's office1 or other facility1 and includes medical1 surgical1 counseling or referral services relating to the human reproductive system1 including services relating to pregnancy or the termination of a pregnancy4 #hii4 ,voting ,rights ,act violations 7a7 ,deprivation of rights ,whoever deprives any person of any right secured by section #b1 #c1 #d1 #e1 #g1 or #aj of the ,voting ,rights ,act of #aife or violates section #aa7;a7 of such ,act1 shall be imprisoned not more than five years4 7b7 ,ballots and records of voting ,whoever1 within a year following an election in a political subdivision in which an examiner has been appointed under the ,voting ,rights ,act of #aife-- 7#a7 destroys1 defaces1 mutilates1 or otherwise alters the marking of a paper ballot which has been cast in such election2 or 7#b7 alters any official record of voting in such election tabulated from a voting machine or otherwise2 shall be imprisoned not more than five years4 7c7 ,interference with rights ,whoever interferes with any right secured by section #b1 #c1 #d1 #e1 #g1 #aj1 or #aa7;a7 of the ,voting ,rights ,act of #aife shall be imprisoned not more than five years4 #ijj4 ,prevention of intimidation in fair housing cases ,whoever by force or threat of force willfully injures1 intimidates or interferes with-- 7#a7 any person because of that person's race1 color1 religion1 sex1 handicap 7as such term is defined in section #hjb of the ,fair ,housing ,act71 familial status 7as such term is defined in section #hjb of that ,act71 or national origin and because that person is or has been selling1 purchasing1 renting1 financing1 occupying1 or contracting or negotiating for the sale1 purchase1 rental1 financing or occupation of any dwelling1 or applying for or participating in any service1 organization1 or facility relating to the business of selling or renting dwellings2 or 7#b7 any person because that person is or has been1 or in order to intimidate such person or any other person or any class of persons from-- 7,a7 participating1 without discrimination on account of race1 color1 religion1 sex1 handicap 7as such term is defined in section #hjb of the ,fair ,housing ,act71 familial status 7as such term is defined in section #hjb of that ,act71 or national origin1 in any of the activities1 services1 organizations or facilities described in paragraph 7#a72 7,b7 affording another person or class of persons opportunity or protection so to participate2 or 7,c7 any citizen because that citizen is or has been1 or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate1 without discrimination on account of race1 color1 religion1 sex1 handicap 7as such term is defined in section #hjb of the ,fair ,housing ,act71 familial status 7as such term is defined in section #hjb of that ,act71 or national origin1 in any of the activities1 services1 organizations or facilities described in paragraph 7#a71 or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate2 shall be imprisoned not more than one year2 and if bodily injury results from the acts committed in violation of this section or if such acts include the use1 attempted use1 or threatened use of a dangerous weapon1 explosives1 or fire shall be imprisoned not more than ten years2 and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap1 aggravated sexual abuse or an attempt to commit aggravated sexual abuse1 or an attempt to kill1 shall be imprisoned for any term of years or for life4 #ija4 ,hate crime acts 7a7 ,in general 7#a7 ,offenses involving actual or perceived race1 color1 religion1 or national origin ,whoever1 whether or not acting under color of law1 knowingly causes bodily injury to any person or1 through the use of fire1 a firearm1 a dangerous weapon1 or an explosive or incendiary device1 attempts to cause bodily injury to any person1 because of the actual or perceived race1 color1 religion1 or national origin of any person-- 7,a7 shall be imprisoned not more than #aj years1 fined in accordance with this title1 or both2 and 7,b7 shall be imprisoned for any term of years or for life1 fined in accordance with this title1 or both1 if-- 7i7 death results from the offense2 or 7ii7 the offense includes kidnapping or an attempt to kidnap1 aggravated sexual abuse or an attempt to commit aggravated sexual abuse1 or an attempt to kill4 7#b7 ,offenses involving actual or perceived religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability 7,a7 ,in general ,whoever1 whether or not acting under color of law1 in any circumstance described in subparagraph 7,b7 or paragraph 7#c71 knowingly causes bodily injury to any person or1 through the use of fire1 a firearm1 a dangerous weapon1 or an explosive or incendiary device1 attempts to cause bodily injury to any person1 because of the actual or perceived religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability of any person-- 7i7 shall be imprisoned not more than #aj years1 fined in accordance with this title1 or both2 and 7ii7 shall be imprisoned for any term of years or for life1 fined in accordance with this title1 or both1 if-- 7,i7 death results from the offense2 or 7,,ii7 the offense includes kidnapping or an attempt to kidnap1 aggravated sexual abuse or an attempt to commit aggravated sexual abuse1 or an attempt to kill4 7,b7 ,circumstances described ,for purposes of subparagraph 7,a71 the circumstances described in this subparagraph are that-- 7i7 the conduct described in subparagraph 7,a7 occurs during the course of1 or as the result of1 the travel of the defendant or the victim-- 7,i7 across a ,state line or national border2 or 7,,ii7 using a channel1 facility1 or instrumentality of interstate or foreign commerce2 7ii7 the defendant uses a channel1 facility1 or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph 7,a72 7iii7 in connection with the conduct described in subparagraph 7,a71 the defendant employs a firearm1 dangerous weapon1 explosive or incendiary device1 or other weapon that has traveled in interstate or foreign commerce2 or 7iv7 the conduct described in subparagraph 7,a7-- 7,i7 interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct2 or 7,,ii7 otherwise affects interstate or foreign commerce4 7#c7 ,offenses occurring in the special maritime or territorial jurisdiction of the ,united ,states ,whoever1 within the special maritime or territorial jurisdiction of the ,united ,states1 engages in conduct described in paragraph 7#a7 or in paragraph 7#b77;,a7 7without regard to whether that conduct occurred in a circumstance described in paragraph 7#b77;,b77 shall be subject to the same penalties as prescribed in those paragraphs4 7#d7 ,guidelines ,all prosecutions conducted by the ,united ,states under this section shall be undertaken pursuant to guidelines issued by the ,attorney ,general1 or the designee of the ,attorney ,general1 to be included in the ,united ,states ,attorneys' ,manual that shall establish neutral and objective criteria for determining whether a crime was committed because of the actual or perceived status of any person4 7b7 ,certification requirement 7#a7 ,in general ,no prosecution of any offense described in this subsection may be undertaken by the ,united ,states1 except under the certification in writing of the ,attorney ,general1 or a designee1 that-- 7,a7 the ,state does not have jurisdiction2 7,b7 the ,state has requested that the ,federal ,government assume jurisdiction2 7,c7 the verdict or sentence obtained pursuant to ,state charges left demonstratively unvindicated the ,federal interest in eradicating bias-motivated violence2 or 7,d7 a prosecution by the ,united ,states is in the public interest and necessary to secure substantial justice4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to limit the authority of ,federal officers1 or a ,federal grand jury1 to investigate possible violations of this section4 7c7 ,definitions ,in this section-- 7#a7 the term bodily injury does not include solely emotional or psychological harm to the victim2 7#b7 the term explosive or incendiary device has the meaning given such term in section #bif7;c72 7#c7 the term firearm has the meaning given such term in section #eha2 7#d7 the term gender identity means actual or perceived gender-related characteristics2 and ,f ,,foreign ,,relations #iba4 ,agents of foreign governments4 #ibb4 ,diplomatic codes and correspondence4 #ibc4 ,false statements influencing foreign ,government4 #ibd4 ,conspiracy to kill1 kidnap1 maim1 or injure persons or damage property in a foreign country4 #ibe4 ,enlistment in foreign ,service4 #ibf4 ,expedition against friendly nation4 #ibg4 ,detention of armed vessel4 #ibh4 ,protection of property occupied by foreign governments4 #iba4 ,agents of foreign governments 7a7 ,offense ,whoever1 other than a diplomatic or consular officer or attache1 acts in the ,united ,states as an agent of a foreign government without prior notification to the ,attorney ,general if required in subsection 7b71 shall be imprisoned not more than ten years4 7b7 ,rules and regulations ,the ,attorney ,general shall promulgate rules and regulations establishing requirements for notification4 7c7 ,transmission ,the ,attorney ,general shall1 upon receipt1 promptly transmit one copy of each notification statement 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 ,states4 ,failure of the ,attorney ,general to do so is not a bar to prosecution under this section4 7d7 ,definition ,as used in this section1 the term agent of a foreign government means an individual who agrees to operate within the ,united ,states subject to the direction or control of a foreign government or official1 except that such term does not include-- 7#a7 a duly accredited diplomatic or consular officer of a foreign government1 who is so recognized by the ,department of ,state2 7#b7 any officially and publicly acknowledged and sponsored official or representative of a foreign government2 7#c7 any officially and publicly acknowledged and sponsored member of the staff of1 or employee of1 an officer1 official1 or representative described in paragraph 7#a7 or 7#b71 who is not a ,united ,states citizen2 or 7#d7 any person engaged in a legal commercial transaction4 7e7 ,additional basis for determining agency ,notwithstanding subsection 7d77#d71 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-- 7#a7 such person agrees to operate within the ,united ,states subject to the direction or control of a foreign government or official2 and 7#b7 such person-- 7,a7 is an agent of ,cuba or any other country that the ,president determines 7and so reports to the ,congress7 poses a threat to the national security interest of the ,united ,states for purposes of this section1 unless the ,attorney ,general1 after consultation with the ,secretary of ,state1 determines and so reports to the ,congress that the national security or foreign policy interests of the ,united ,states require that this section does not apply in specific circumstances to agents of such country2 or 7,b7 has been convicted of1 or has entered a plea of nolo contendere with respect to1 any offense under section #cja1 #cjb1 #cjc1 #fja1 or #bfa of this title or under section #aa of the ,export ,administration ,act of #aigi1 except that this subsection does not apply to a person described in this subparagraph for a period of more than five years beginning on the date of the conviction or the date of entry of the plea of nolo contendere1 as the case may be4 #ibb4 ,diplomatic codes and correspondence ,whoever1 by virtue of his employment by the ,united ,states1 obtains from another or has or has had custody of or access to1 any official diplomatic code or any matter prepared in any such code1 or which purports to have been prepared in any such code1 and without authorization or competent authority1 knowingly publishes or furnishes to another any such code or matter1 or any matter which was obtained while in the process of transmission between any foreign government and its diplomatic mission in the ,united ,states1 shall be or imprisoned not more than ten years4 #ibc4 ,false statements influencing foreign government ,whoever1 in relation to any dispute or controversy between a foreign government and the ,united ,states1 knowingly makes any untrue statement1 either orally or in writing1 under oath before any person authorized and empowered to administer oaths1 which the affiant has knowledge or reason to believe will1 or may be used to influence the measures or conduct of any foreign government1 or of any officer or agent of any foreign government1 to the injury of the ,united ,states1 or with a view or intent to influence any measure of or action by the ,united ,states or any department or agency thereof1 to the injury of the ,united ,states1 shall be imprisoned not more than ten years4 #ibd4 ,conspiracy to kill1 kidnap1 maim1 or injure persons or damage property in a foreign country 7a7 ,offense against persons 7#a7 ,elements ,whoever1 within the jurisdiction of the ,united ,states1 conspires with one or more other persons1 regardless of where such other person or persons are located1 to commit at any place outside the ,united ,states an act that would constitute the offense of murder1 kidnapping1 or maiming if committed in the special maritime and territorial jurisdiction of the ,united ,states shall1 if any of the conspirators commits an act within the jurisdiction of the ,united ,states to effect any object of the conspiracy1 be punished as provided in paragraph 7#b74 7#b7 ,punishment ,the punishment for an offense under paragraph 7#a7 is-- 7,a7 imprisonment for any term of years or for life if the offense is conspiracy to murder or kidnap2 and 7,b7 imprisonment for not more than #ce years if the offense is conspiracy to maim4 7b7 ,offense against property ,whoever1 within the jurisdiction of the ,united ,states1 conspires with one or more persons1 regardless of where such other person or persons are located1 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 peace1 or any railroad1 canal1 bridge1 airport1 airfield1 or other public utility1 public conveyance1 or public structure1 or any religious1 educational1 or cultural property so situated1 shall1 if any of the conspirators commits an act within the jurisdiction of the ,united ,states to effect any object of the conspiracy1 be imprisoned not more than #be years4 #ibe4 ,enlistment in foreign service 7a7 ,offense ,whoever1 within the ,united ,states1 enlists or enters himself1 or hires or retains another to enlist or enter himself1 or to go beyond the jurisdiction of the ,united ,states with intent to be enlisted or entered in the service of any foreign prince1 state1 colony1 district1 or people as a soldier or as a marine or seaman on board any vessel of war1 letter of marque1 or privateer1 shall be imprisoned not more than three years4 7b7 ,exclusions 7#a7 ,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 war1 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 a foreign country4 ,enlistments under this subsection shall be under regulations prescribed by the ,secretary of the ,army4 7#b7 ,this section and section #ibf do not apply to any subject or citizen of any foreign prince1 state1 colony1 district1 or people who is transiently within the ,united ,states and enlists or enters himself on board any vessel of war1 letter of marque1 or privateer1 which at the time of its arrival within the ,united ,states was fitted and equipped as such1 or hires or retains another subject or citizen of the same foreign prince1 state1 colony1 district1 or people who is transiently within the ,united ,states to enlist or enter himself to serve such foreign prince1 state1 colony1 district1 or people on board such vessel of war1 letter of marque1 or privateer1 if the ,united ,states shall then be at peace with such foreign prince1 state1 colony1 district1 or people4 #ibf4 ,expedition against friendly nation ,whoever1 within the ,united ,states1 knowingly begins or sets on foot or provides or prepares a means for or furnishes the money for1 or takes part in1 any military or naval expedition or enterprise to be carried on from thence against the territory or dominion of any foreign prince or state1 or of any colony1 district1 or people with whom the ,united ,states is at peace1 shall be imprisoned not more than three years4 #ibg4 ,detention of armed vessel 7a7 ,authority of ,president ,during a war in which the ,united ,states is a neutral nation1 the ,president1 or any person authorized by him1 may detain any armed vessel owned wholly or in part by citizens of the ,united ,states1 or any vessel1 domestic or foreign 7other than one which has entered the ports of the ,united ,states as a public vessel71 which is manifestly built for warlike purposes or has been converted or adapted from a private vessel to one suitable for warlike use1 until the owner or master1 or person having charge of such vessel1 shall furnish proof satisfactory to the ,president1 or to the person duly authorized by him1 that the vessel will not be employed to cruise against or commit or attempt to commit hostilities upon the subjects1 citizens1 or property of any foreign prince or state1 or of any colony1 district1 or people with which the ,united ,states is at peace1 and that the said vessel will not be sold or delivered to any belligerent nation1 or to an agent1 officer1 or citizen of such nation1 by them or any of them1 within the jurisdiction of the ,united ,states1 or upon the high seas4 7b7 ,offense ,whoever1 in violation of this section takes1 or attempts to take1 or authorizes the taking of any such vessel1 out of port or from the ,united ,states1 shall be imprisoned not more than ten years4 #ibh4 ,protection of property occupied by foreign governments 7a7 ,property offense ,whoever knowingly injures1 damages1 or destroys1 or attempts to injure1 damage1 or destroy1 any property1 real or personal1 located within the ,united ,states and belonging to or utilized or occupied by any foreign government or international organization1 by a foreign official or official guest1 shall be imprisoned not more than five years4 7b7 ,threat and harassment offense ,whoever1 knowingly with intent to intimidate1 coerce1 threaten1 or harass-- 7#a7 forcibly thrusts any part of himself or any object within or upon that portion of any building or premises located within the ,united ,states1 which portion is used or occupied for official business or for diplomatic1 consular1 or residential purposes by-- 7,a7 a foreign government1 including such use as a mission to an international organization2 7,b7 an international organization2 7,c7 a foreign official2 or 7,d7 an official guest2 or 7#b7 refuses to depart from such portion of such building or premises after a request-- 7,a7 by an employee of a foreign government or of an international organization1 if such employee is authorized to make such request by the senior official of the unit of such government or organization which occupies such portion of such building or premises2 7,b7 by a foreign official or any member of the foreign official's staff who is authorized by the foreign official to make such request2 7,c7 by an official guest or any member of the official guest's staff who is authorized by the official guest to make such request2 or 7,d7 by any person present having law enforcement powers2 shall be imprisoned not more than six months4 7c7 ,definitions ,for purposes of this section1 the terms foreign government1 foreign official1 international organization1 and official guest have the same meanings as those provided in section #acf4 ,g ,,postal ,,service #ida4 ,obstruction of mails generally4 #idb4 ,obstruction of correspondence4 #idc4 ,delay or destruction of mail or newspapers4 #idd4 ,keys or locks stolen or reproduced4 #ide4 ,destruction of letter boxes or mail4 #idf4 ,theft of property used by ,postal ,service4 #idg4 ,theft or receipt of stolen mail matter generally4 #idh4 ,theft of mail matter by officer or employee4 #idi4 ,misappropriation of postal funds4 #iej4 ,injurious articles as nonmailable4 #iea4 ,tobacco products as nonmailable4 #ieb4 ,franking privilege4 #ida4 ,obstruction of mails generally ,whoever knowingly obstructs the passage of the mail1 or any carrier or conveyance carrying the mail1 shall be imprisoned not more than six months4 #idb4 ,obstruction of correspondence ,whoever takes any letter1 postal card1 or package out of any post office or any authorized depository for mail matter1 or from any letter or mail carrier1 or which has been in any post office or authorized depository1 or in the custody of any letter or mail carrier1 before it has been delivered to the person to whom it was directed1 with intent to obstruct the correspondence1 or to pry into the business or secrets of another1 or opens1 secretes1 embezzles1 or destroys the same1 shall be imprisoned not more than five years4 #idc4 ,delay or destruction of mail or newspapers 7a7 ,mail matter ,whoever1 being a ,postal ,service officer or employee1 unlawfully secretes1 destroys1 detains1 delays1 or opens any letter1 postal card1 package1 bag1 or mail entrusted to that officer or employee or which shall come into his or her possession1 and which was intended to be conveyed by mail1 or carried or delivered by any carrier or other employee of the ,postal ,service1 or forwarded through or delivered from any post office or station thereof established by authority of the ,postmaster ,general or the ,postal ,service1 shall be imprisoned not more than five years4 7b7 ,newspaper ,whoever1 being a ,postal ,service officer or employee1 improperly detains1 delays1 or destroys any newspaper1 or permits any other person to detain1 delay1 or destroy the same1 or opens1 or permits any other person to open1 any mail or package of newspapers not directed to the office where he is employed4 7c7 ,by any person ,whoever1 without authority1 opens or destroys any mail or package of newspapers not directed to him1 shall be imprisoned not more than one year4 #idd4 ,keys or locks stolen or reproduced ,whoever-- 7#a7 steals1 purloins1 embezzles1 or obtains by false pretense 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 thereof1 or any key to any lock box1 lock drawer1 or other authorized receptacle for the deposit or delivery of mail matter2 7#b7 knowingly and unlawfully makes1 forges1 or counterfeits any such key1 or possesses any such mail lock or key with the intent unlawfully or improperly to use1 sell1 or otherwise dispose of the same1 or to cause the same to be unlawfully or improperly used1 sold1 or otherwise disposed of2 or 7#c7 being engaged as a contractor or otherwise in the manufacture of any such mail lock or key1 delivers any finished or unfinished lock or the interior part thereof1 or key1 used or designed for use by the department1 to any person not duly authorized under the hand of the ,postmaster ,general and the seal of the ,post ,office ,department or the ,postal ,service1 to receive the same1 unless the person receiving it is the contractor for furnishing the same or engaged in the manufacture thereof in the manner authorized by the contract1 or the agent of such manufacturer2 shall be imprisoned not more than ten years4 #ide4 ,destruction of letter boxes or mail ,whoever knowingly injures1 tears down1 or destroys any letter box or other receptacle intended or used for the receipt or delivery of mail on any mail route1 or breaks open the same or knowingly injures1 defaces1 or destroys any mail deposited therein1 shall be imprisoned not more than three years4 #idf4 ,theft of property used by ,postal ,service ,whoever steals1 purloins1 or embezzles any property used by the ,postal ,service1 or appropriates any such property to any other than its proper use1 or conveys away any such property to the hindrance or detriment of the public service1 shall be imprisoned not more than three years1 but if the value of such property does not exceed #a1jjj1 the offender shall be imprisoned not more than one year4 #idg4 ,theft or receipt of stolen mail matter generally ,whoever-- 7#a7 steals1 takes1 or abstracts1 or by fraud or deception obtains1 or attempts so to obtain1 from or out of any mail1 post office1 or station thereof1 letter box1 mail receptacle1 or any mail route or other authorized depository for mail matter1 or from a letter or mail carrier1 any letter1 postal card1 package1 bag1 or mail1 or abstracts or removes from any such letter1 package1 bag1 or mail1 any article or thing contained therein1 or secretes1 embezzles1 or destroys any such letter1 postal card1 package1 bag1 or mail1 or any article or thing contained therein2 7#b7 steals1 takes1 or abstracts1 or by fraud or deception obtains any letter1 postal card1 package1 bag1 or mail1 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 matter2 or 7#c7 buys1 receives1 or conceals1 or unlawfully has in his possession1 any letter1 postal card1 package1 bag1 or mail1 or any article or thing contained therein1 which has been so stolen1 taken1 embezzled1 or abstracted1 as herein described1 knowing the same to have been stolen1 taken1 embezzled1 or abstracted2 shall be imprisoned not more than five years4 #idh4 ,theft of mail matter by officer or employee ,whoever1 being a ,postal ,service officer or employee1 embezzles any letter1 postal card1 package1 bag1 or mail1 or any article or thing contained therein entrusted to him or which comes into his possession intended to be conveyed by mail1 or carried or delivered by any carrier1 messenger1 agent1 or other person employed in any department of the ,postal ,service1 or forwarded through or delivered from any post office or station thereof established by authority of the ,postmaster ,general or of the ,postal ,service2 or steals1 abstracts1 or removes from any such letter1 package1 bag1 or mail1 any article or thing contained therein1 shall be imprisoned not more than five years4 #idi4 ,misappropriation of postal funds 7a7 ,offense ,whoever1 being a ,postal ,service officer or employee1 loans1 uses1 pledges1 hypothecates1 or converts to his own use1 or deposits in any bank1 or exchanges for other funds or property1 except as authorized by law1 any money or property coming into his hands or under his control in any manner1 in the execution or under color of his office1 employment1 or service1 whether or not the same shall be the money or property of the ,united ,states2 or fails or refuses to remit to or deposit in the ,treasury of the ,united ,states or in a designated depository1 or to account for or turn over to the proper officer or agent1 any such money or property1 when required to do so by law or the regulations of the ,postal ,service1 or upon demand or order of the ,postal ,service1 either directly or through a duly authorized officer or agent1 is guilty of embezzlement2 and every such person1 as well as every other person advising or knowingly participating therein1 shall be imprisoned not more than ten years2 but if the amount or value thereof does not exceed #a1jjj1 he shall be imprisoned not more than one year4 7b7 ,exclusion ,this section does not prohibit any ,postal ,service officer or employee from depositing1 under the direction of the ,postal ,service1 in a national bank designated by the ,secretary of the ,treasury for that purpose1 to his own credit as ,postal ,service officer or employee any funds in his charge1 nor prevent his negotiating drafts or other evidences of debt through such bank1 or through ,united ,states disbursing officers1 or otherwise1 when instructed or required so to do by the ,postal ,service1 for the purpose of remitting surplus funds from one post office to another4 #iej4 ,injurious articles as nonmailable 7a7 ,in general ,all kinds of poison1 and all articles and compositions containing poison1 and all poisonous animals1 insects1 reptiles1 and all explosives1 inflammable materials1 infernal machines1 and mechanical1 chemical1 or other devices or compositions which may ignite or explode1 including firearms1 and all disease germs or scabs1 and all other natural or artificial articles1 compositions1 or material which may kill or injure another1 or injure the mails or other property1 whether or not sealed as first-class matter1 are nonmailable matter and shall not be conveyed in the mails or delivered from any post office or station thereof1 nor by any officer or employee of the ,postal ,service4 7b7 ,exceptions ,the ,postal ,service may permit the transmission in the mails1 under such rules and regulations as it shall prescribe as to preparation and packing1 of any such articles which are not outwardly or of their own force dangerous or injurious to life1 health1 or property4 7c7 ,scorpions ,the ,postal ,service is authorized and directed to permit the transmission in the mails1 under regulations to be prescribed by it1 of live scorpions which are to be used for purposes of medical research or for the manufacture of antivenom4 ,such regulations shall include such provisions with respect to the packaging of such live scorpions for transmission 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 manufacture4 ,nothing 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 hire4 7d7 ,poisonous drugs and medicines ,the transmission 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 physicians1 surgeons1 dentists1 pharmacists1 druggists1 cosmetologists1 barbers1 and veterinarians under such rules and regulations as it shall prescribe4 7e7 ,poisons for scientific use ,the transmission in the mails of poisons for scientific use1 and which are not outwardly dangerous or of their own force dangerous or injurious to life1 health1 or property1 may be limited by the ,postal ,service to shipments of such articles between the manufacturers thereof1 dealers therein1 bona fide research or experimental scientific laboratories1 and such other persons who are employees of the ,federal1 a ,state1 or local government1 whose official duties are comprised1 in whole or in part1 of the use of such poisons1 and who are designated by the head of the agency in which they are employed to receive or send such articles1 under such rules and regulations as the ,postal ,service shall prescribe4 7f7 ,intoxicating liquors ,all spirituous1 vinous1 malted1 fermented1 or other intoxicating liquors of any kind are nonmailable and shall not be deposited in or carried through the mails4 7g7 ,knives ,all knives having a blade which opens automatically 7#a7 by hand pressure applied to a button or other device in the handle of the knife1 or 7#b7 by operation of inertia1 gravity1 or both1 are nonmailable and shall not be deposited in or carried by the mails or delivered by any officer or employee of the ,postal ,service4 ,such knives may be conveyed in the mails1 under such regulations as the ,postal ,service shall prescribe-- 7#a7 to civilian or ,armed ,forces supply or procurement officers and employees of the ,federal ,government ordering1 procuring1 or purchasing such knives in connection with the activities of the ,federal ,government2 7#b7 to supply or procurement officers of the ,national ,guard1 the ,air ,national ,guard1 or militia of a ,state ordering1 procuring1 or purchasing such knives in connection with the activities of such organizations2 7#c7 to supply or procurement officers or employees of any ,state1 or any political subdivision of a ,state1 ordering1 procuring1 or purchasing such knives in connection with the activities of such government2 and 7#d7 to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant to an order from any person designated in paragraphs 7#a71 7#b71 and 7#c74 ,the ,postal ,service may require1 as a condition of conveying any such knife in the mails1 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 section4 7h7 ,advertising1 promotional1 or sales matter ,any advertising1 promotional1 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 ,service4 7i7 ,ballistic knives 7#a7 ,generally ,any ballistic knife shall be subject to the same restrictions and penalties provided under subsection 7g7 for knives described in the first sentence of that subsection4 7#b7 ,definition ,as used in this subsection1 the term ballistic knife means a knife with a detachable blade that is propelled by a spring-operated mechanism4 7j7 ,offenses 7#a7 ,compliance with rules and regulations ,whoever knowingly deposits for mailing or delivery1 or knowingly causes to be delivered by mail1 according to the direction thereon1 or at any place at which it is directed to be delivered by the person to whom it is addressed1 anything declared nonmailable by this section1 unless in accordance with the rules and regulations authorized to be prescribed by the ,postal ,service1 shall be imprisoned not more than one year4 7#b7 ,with intent to kill or injure another or to injure the mails or property ,whoever knowingly deposits for mailing or delivery1 or knowingly causes to be delivered by mail1 according to the direction thereon or at any place to which it is directed to be delivered by the person to whom it is addressed1 anything declared nonmailable by this section1 whether or not transmitted in accordance with the rules and regulations authorized to be prescribed by the ,postal ,service1 with intent to kill or injure another1 or injure the mails or other property1 shall be imprisoned not more than twenty years4 7#c7 ,death penalty ,whoever is convicted of any crime prohibited by this section1 which has resulted in the death of any person1 shall be subject also to the death penalty or to imprisonment for life4 #iea4 ,tobacco products as nonmailable 7a7 ,prohibition 7#a7 ,in general ,all cigarettes and smokeless tobacco 7as those terms are defined in section #a of the ,act of ,october #ai1 #aidi1 commonly referred to as the ,jenkins ,act7 are nonmailable and shall not be deposited in or carried through the mails4 ,the ,united ,states ,postal ,service shall not accept for delivery or transmit through the mails any package that it knows or has reasonable cause to believe contains any cigarettes or smokeless tobacco made nonmailable by this paragraph4 7#b7 ,reasonable cause ,for the purposes of this subsection reasonable cause includes-- 7,a7 a statement on a publicly available website1 or an advertisement1 by any person that the person will mail matter which is nonmailable under this section in return for payment2 or 7,b7 the fact that the person is on the list created under section #b;,a7e7 of the ,jenkins ,act4 7b7 ,exceptions 7#a7 ,cigars ,subsection 7a7 does not apply to cigars 7as defined in section #egjb7;a7 of the ,internal ,revenue ,code of #aihf74 7#b7 ,geographic exception ,subsection 7a7 does not apply to mailings within the ,state of ,alaska or within the ,state of ,hawaii4 7#c7 ,business purposes 7,a7 ,in general ,subsection 7a7 does not apply to tobacco products mailed only-- 7i7 for business purposes between legally operating businesses that have all applicable ,state and ,federal ,government licenses or permits and are engaged in tobacco product manufacturing1 distribution1 wholesale1 export1 import1 testing1 investigation1 or research2 or 7ii7 for regulatory purposes between any business described in clause 7i7 and an agency of the ,federal ,government or a ,state government4 7,b7 ,rules 7i7 ,in general ,the ,postmaster ,general shall by rule establish the standards and requirements that apply to all mailings described in subparagraph 7,a74 7ii7 ,contents ,the rules issued under clause 7i7 shall require-- 7,i7 the ,united ,states ,postal ,service to verify that any person submitting an otherwise nonmailable tobacco product into the mails as authorized under this paragraph is a business or government agency permitted to make a mailing under this paragraph2 7,,ii7 the ,united ,states ,postal ,service to ensure that any recipient of an otherwise nonmailable tobacco product sent through the mails under this paragraph is a business or government agency that may lawfully receive the product2 7,,iii7 that any mailing described in subparagraph 7,a7 shall be sent through the systems of the ,united ,states ,postal ,service that provide for the tracking and confirmation of the delivery2 7,,iv7 that the identity of the business or government entity submitting the mailing containing otherwise nonmailable tobacco products for delivery and the identity of the business or government entity receiving the mailing are clearly set forth on the package2 7,v7 the ,united ,states ,postal ,service to maintain identifying information described in subclause 7,,iv7 during the #c-year period beginning on the date of the mailing and make the information available to the ,postal ,service1 the ,attorney ,general of the ,united ,states1 and to persons eligible to bring enforcement actions under section #d7;d7 of the ,jenkins ,act2 7,,vi7 that any mailing described in subparagraph 7,a7 be marked with a ,united ,states ,postal ,service label or marking that makes it clear to employees of the ,united ,states ,postal ,service that it is a permitted mailing of otherwise nonmailable tobacco products that may be delivered only to a permitted government agency or business and may not be delivered to any residence or individual person2 and 7,,vii7 that any mailing described in subparagraph 7,a7 be delivered only to a verified employee of the recipient business or government agency1 who is not a minor and who shall be required to sign for the mailing4 7,c7 ,definition ,in this paragraph1 the term minor means an individual who is less than the minimum age required for the legal sale or purchase of tobacco products as determined by applicable law at the place the individual is located4 7#d7 ,certain individuals 7,a7 ,in general ,subsection 7a7 does not apply to tobacco products mailed by individuals who are not minors for noncommercial purposes1 including the return of a damaged or unacceptable tobacco product to the manufacturer4 7,b7 ,rules 7i7 ,in general ,the ,postmaster ,general shall by rule establish the standards and requirements that apply to all mailings described in subparagraph 7,a74 7ii7 ,contents ,the rules issued under clause 7i7 shall require-- 7,i7 the ,united ,states ,postal ,service to verify that any person submitting an otherwise nonmailable tobacco product into the mails as authorized under this paragraph is the individual identified on the return address label of the package and is not a minor2 7,,ii7 for a mailing to an individual1 the ,united ,states ,postal ,service to require the person submitting the otherwise nonmailable tobacco product into the mails as authorized by this paragraph to affirm that the recipient is not a minor2 7,,iii7 that any package mailed under this paragraph shall weigh not more than #aj ounces2 7,,iv7 that any mailing described in subparagraph 7,a7 shall be sent through the systems of the ,united ,states ,postal ,service that provide for the tracking and confirmation of the delivery2 7,v7 that a mailing described in subparagraph 7,a7 shall not be delivered or placed in the possession of any individual who has not been verified as not being a minor2 7,,vi7 for a mailing described in subparagraph 7,a7 to an individual1 that the ,united ,states ,postal ,service shall deliver the package only to a recipient who is verified not to be a minor at the recipient address or transfer it for delivery to an ,air_/,army ,postal ,office or ,fleet ,postal ,office number designated in the recipient address2 and 7,,vii7 that no person may initiate more than #aj mailings described in subparagraph 7,a7 during any #cj-;day period4 7,c7 ,definition ,in this paragraph1 the term minor means an individual who is less than the minimum age required for the legal sale or purchase of tobacco products as determined by applicable law at the place the individual is located4 7#e7 ,exception for mailings for consumer testing by manufacturers 7,a7 ,in general ,subject to subparagraph 7,b71 subsection 7a7 does not preclude a legally operating cigarette manufacturer or a legally authorized agent of a legally operating cigarette manufacturer from using the ,united ,states ,postal ,service to mail cigarettes to verified adult smoker solely for consumer testing purposes1 if-- 7i7 the cigarette manufacturer has a permit1 in good standing1 issued under section #egac of the ,internal ,revenue ,code of #aihf2 7ii7 the package of cigarettes mailed under this paragraph contains not more than #ab packs of cigarettes 7#bdj cigarettes72 7iii7 the recipient does not receive more than #a package of cigarettes from any #a cigarette manufacturer under this paragraph during any #cj-;day period2 7iv7 all taxes on the cigarettes mailed under this paragraph levied by the ,state and locality of delivery are paid to the ,state and locality before delivery1 and tax stamps or other tax-payment indicia are affixed to the cigarettes as required by law2 and 7v7 7,i7 the recipient has not made any payments of any kind in exchange for receiving the cigarettes2 7,,ii7 the recipient is paid a fee by the manufacturer or agent of the manufacturer for participation in consumer product tests2 and 7,,iii7 the recipient1 in connection with the tests1 evaluates the cigarettes and provides feedback to the manufacturer or agent4 7,b7 ,limitation ,subparagraph 7,a7 does not permit a manufacturer1 directly or through a legally authorized agent1 to mail cigarettes in any calendar year in a total amount greater than #a percent of the total cigarette sales of the manufacturer in the ,united ,states during the calendar year before the date of the mailing4 7,c7 ,rules 7i7 ,in general ,the ,postmaster ,general shall by rule establish the standards and requirements that apply to all mailings described in subparagraph 7,a74 7ii7 ,contents ,the rules issued under clause 7i7 shall require-- 7,i7 the ,united ,states ,postal ,service to verify that any person submitting a tobacco product into the mails under this paragraph is a legally operating cigarette manufacturer permitted to make a mailing under this paragraph1 or an agent legally authorized by the legally operating cigarette manufacturer to submit the tobacco product into the mails on behalf of the manufacturer2 7,,ii7 the legally operating cigarette manufacturer submitting the cigarettes into the mails under this paragraph to affirm that-- 7aa7 the manufacturer or the legally authorized agent of the manufacturer has verified that the recipient is an adult established smoker2 7bb7 the recipient has not made any payment for the cigarettes2 7cc7 the recipient has signed a written statement that is in effect indicating that the recipient wishes to receive the mailings2 and 7dd7 the manufacturer or the legally authorized agent of the manufacturer has offered the opportunity for the recipient to withdraw the written statement described in item 7cc7 not less frequently than once in every #c-month period2 7,,iii7 the legally operating cigarette manufacturer or the legally authorized agent of the manufacturer submitting the cigarettes into the mails under this paragraph to affirm that any package mailed under this paragraph contains not more than #ab packs of cigarettes 7#bdj cigarettes7 on which all taxes levied on the cigarettes by the ,state and locality of delivery have been paid and all related ,state tax stamps or other tax-payment indicia have been applied2 7,,iv7 that any mailing described in subparagraph 7,a7 shall be sent through the systems of the ,united ,states ,postal ,service that provide for the tracking and confirmation of the delivery2 7,v7 the ,united ,states ,postal ,service to maintain records relating to a mailing described in subparagraph 7,a7 during the #c-year period beginning on the date of the mailing and make the information available to persons enforcing this section2 7,,vi7 that any mailing described in subparagraph 7,a7 be marked with a ,united ,states ,postal ,service label or marking that makes it clear to employees of the ,united ,states ,postal ,service that it is a permitted mailing of otherwise nonmailable tobacco products that may be delivered only to the named recipient after verifying that the recipient is an adult2 and 7,,vii7 the ,united ,states ,postal ,service shall deliver a mailing described in subparagraph 7,a7 only to the named recipient and only after verifying that the recipient is an adult4 7,d7 ,definitions ,in this paragraph-- 7i7 the term adult means an individual who is not less than #ba years of age2 and 7ii7 the term consumer testing means testing limited to formal data collection and analysis for the specific purpose of evaluating the product for quality assurance and benchmarking purposes of cigarette brands or sub-brands among existing adult smokers4 7#f7 ,federal ,government agencies ,an agency of the ,federal ,government involved in the consumer testing of tobacco products solely for public health purposes may mail cigarettes under the same requirements1 restrictions1 and rules and procedures that apply to consumer testing mailings of cigarettes by manufacturers under paragraph 7#e71 except that the agency shall not be required to pay the recipients for participating in the consumer testing4 7c7 ,additional penalties ,in addition to any other fines and penalties under this title for violations of this section1 any person violating this section shall be subject to an additional civil penalty in the amount equal to #aj times the retail value of the nonmailable cigarettes or smokeless tobacco1 including all ,federal1 ,state1 and local taxes4 7d7 ,criminal penalty ,whoever knowingly deposits for mailing or delivery1 or knowingly causes to be delivered by mail1 according to the direction thereon1 or at any place at which it is directed to be delivered by the person to whom it is addressed1 anything that is nonmailable matter under this section shall be fined under this title1 imprisoned not more than #a year1 or both4 7e7 ,actions by ,state1 local1 or tribal governments relating to certain tobacco products 7#a7 ,in general ,a ,state1 through its attorney general1 or a local government or ,indian tribe that levies an excise tax on tobacco products1 through its chief law enforcement officer1 may in a civil action in a ,united ,states district court obtain appropriate relief with respect to a violation of this section4 ,appropriate relief includes injunctive and equitable relief and damages equal to the amount of unpaid taxes on tobacco products mailed in violation of this section to addressees in that ,state1 locality1 or tribal land4 7#b7 ,sovereign immunity ,nothing in this subsection abrogates or constitutes a waiver of any sovereign immunity of a ,state or local government or ,indian tribe against any unconsented lawsuit under paragraph 7#a71 or otherwise to restrict1 expand1 or modify any sovereign immunity of a ,state or local government or ,indian tribe4 7#c7 ,attorney general referral ,a ,state1 through its attorney general1 or a local government or ,indian tribe that levies an excise tax on tobacco products1 through its chief law enforcement officer1 may provide evidence of a violation of this section for commercial purposes by any person not subject to ,state1 local1 or tribal government enforcement actions for violations of this section to the ,attorney ,general of the ,united ,states1 who shall take appropriate actions to enforce this section4 7#d7 ,nonexclusivity of remedies ,the remedies available under this subsection are in addition to any other remedies available under ,federal1 ,state1 local1 tribal1 or other law4 ,nothing in this subsection shall be construed to expand1 restrict1 or otherwise modify any right of an authorized ,state1 local1 or tribal government official to proceed in a ,state1 tribal1 or other appropriate court1 or take other enforcement actions1 on the basis of an alleged violation of ,state1 local1 tribal1 or other law4 7#e7 ,other enforcement actions ,nothing in this subsection shall be construed to prohibit an authorized ,state official from proceeding in ,state court on the basis of an alleged violation of any general civil or criminal statute of the ,state4 #ieb4 ,franking privilege ,whoever makes use of any official envelope1 label1 or indorsement authorized by law1 to avoid the payment of postage or registry fee on his private letter1 packet1 package1 or other matter in the mail1 shall be fined under this title4 ,h ,,special ,,maritime ,,and ,,territorial ,,jurisdiction ,,of ,,the ,,united ,,states #ifa4 ,laws of ,states adopted for areas within ,federal jurisdiction4 #ifa4 ,laws of ,states adopted for areas within ,federal jurisdiction 7a7 ,offense ,whoever1 within the reserved or acquired special maritime or territorial jurisdiction of the ,united ,states1 or on1 above1 or below any portion of the territorial sea of the ,united ,states not within the jurisdiction of any ,state1 is guilty of any act or omission which1 although not made punishable by any enactment of ,congress1 would be punishable if committed or omitted within the jurisdiction of the ,state in which such place is situated1 by the laws thereof in force at the time of such act or omission1 shall be guilty of a like offense and subject to a like punishment4 7b7 ,operating a motor vehicle under the influence of alcohol 7#a7 ,limitation on right or privilege to operate a motor vehicle ,subject to paragraph 7#b7 and for purposes of subsection 7a7 of this section1 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 alcohol1 shall be considered to be a punishment provided by that law4 ,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 ,states4 7#b7 ,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 ,state1 the punishment for such an offense under this section shall include an additional term of imprisonment of not more than #a year1 or if serious bodily injury of a minor is caused1 not more than #e years1 or if death of a minor is caused1 not more than #aj years1 and an additional fine under this title1 or both1 if-- 7,a7 a minor 7other than the offender7 was present in the motor vehicle when the offense was committed2 and 7,b7 the law of the ,state in which the offense occurred does not provide an additional term of imprisonment under the circumstances described in subparagraph 7,a74 7c7 ,territorial sea ,whenever any waters of the territorial sea of the ,united ,states lie outside the territory of any ,state1 such waters 7including the airspace above and the seabed and subsoil below1 and artificial islands and fixed structures erected thereon7 shall be deemed1 for purposes of subsection 7a71 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 ,states4 #bi ,,crimes ,,related ,,to ,,protection ,,of ,,government ,,functions ,,and ,,integrity ,subchapter ,a4 ,bribery1 graft1 and conflicts of interest ,b4 ,claims and services in matters affecting government ,c4 ,contempts ,d4 ,elections and political activities ,e4 ,emblems1 insignia1 and names ,f4 ,escape and rescue ,g4 ,false personation ,h4 ,fugitives from justice ,i4 ,obstruction of justice ,j4 ,prisons ,k4 ,public officers and employees ,l4 ,records and reports ,m4 ,searches and seizures ,n4 ,malicious mischief ,o4 ,public lands ,p4 ,restricted building or grounds ,a ,,bribery1 ,,graft1 ,,and ,,conflicts ,,of ,,interest #iia4 ,bribery of public officials and witnesses4 #iib4 ,definitions for certain sections4 #iic4 ,compensation to ,members of ,congress1 officers1 and others in matters affecting the ,government4 #iid4 ,practice in ,united ,states ,court of ,federal ,claims or the ,united ,states ,court of ,appeals for the ,federal circuit by ,members of ,congress4 #iie4 ,activities of officers and employees in claims against and other matters affecting the ,government4 #iif4 ,exemption of retired officers of the uniformed services4 #iig4 ,restrictions on former officers1 employees1 and elected officials of the ,executive and legislative branches4 #iih4 ,acts affecting a personal financial interest4 #iii4 ,salary of ,government officials and employees payable only by ,united ,states4 #ajjj4 ,offer to procure appointive public office4 #ajja4 ,acceptance or solicitation to obtain appointive public office4 #ajjb4 ,offer or acceptance of loan or gratuity4 #ajjc4 ,receipt of commissions or gifts for procuring loans4 #ajjd4 ,penalties and injunctions4 #ajje4 ,voiding transactions in violation of subchapter2 recovery by the ,united ,states4 #ajjf4 ,officers and employees acting as agents of foreign principals4 #ajjg4 ,bribery in sporting contests4 #ajjh4 ,continuing financial crimes enterprise4 #iia4 ,bribery of public officials and witnesses 7a7 ,definitions ,as used in this section-- 7#a7 the term public official means ,member of ,congress1 ,delegate1 or ,resident ,commissioner1 either before or after such official has qualified1 or an officer or employee or person acting for or on behalf of the ,united ,states1 or any department1 agency or branch of ,government thereof1 including the ,district of ,columbia1 in any official function1 under or by authority of any such department1 agency1 or branch of ,government1 or a juror2 7#b7 the term person who has been selected to be a public official means any person who has been nominated or appointed to be a public official1 or has been officially informed that such person will be so nominated or appointed2 and 7#c7 the term official act means any decision or action on any question1 matter1 cause1 suit1 proceeding or controversy1 which may at any time be pending1 or which may by law be brought before any public official1 in such official's official capacity1 or in such official's place of trust or profit4 7b7 ,bribery ,whoever-- 7#a7 corruptly gives1 offers or promises anything of value to any public official or person who has been selected to be a public official1 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 entity1 with intent-- 7,a7 to influence any official act2 or 7,b7 to influence such public official or person who has been selected to be a public official to commit or aid in committing1 or collude in1 or allow1 any fraud1 or make opportunity for the commission of any fraud1 on the ,united ,states2 or 7,c7 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 person2 7#b7 being a public official or person selected to be a public official1 corruptly demands1 seeks1 receives1 accepts1 or agrees to receive or accept anything of value personally or for any other person or entity1 in return for-- 7,a7 being influenced in the performance of any official act2 7,b7 being influenced to commit or aid in committing1 or to collude in1 or allow1 any fraud1 or make opportunity for the commission of any fraud on the ,united ,states2 or 7,c7 being induced to do or omit to do any act in violation of the official duty of such official or person2 7#c7 corruptly gives1 offers1 or promises anything of value to any person1 or offers or promises such person to give anything of value to any other person or entity1 with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial1 hearing1 or other proceeding1 before any court1 any committee of either ,house or both ,houses of ,congress1 or any agency1 commission1 or officer authorized by the laws of the ,united ,states to hear evidence or take testimony1 or with intent to influence such person to absent himself therefrom2 or 7#d7 corruptly demands1 seeks1 receives1 accepts1 or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial1 hearing1 or other proceeding1 or in return for absenting himself therefrom2 shall be imprisoned for not more than fifteen years and may be disqualified from holding any office of honor1 trust1 or profit under the ,united ,states4 7c7 ,unlawful rewards ,whoever-- 7#a7 otherwise than as provided by law for the proper discharge of official duty-- 7,a7 gives1 offers1 or promises anything of value to any public official1 former public official1 or person selected to be a public official1 for or because of any official act performed or to be performed by such public official1 former public official1 or person selected to be a public official2 or 7,b7 being a public official1 former public official1 or person selected to be a public official1 otherwise than as provided by law for the proper discharge of official duty1 demands1 seeks1 receives1 accepts1 or agrees to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person2 7#b7 gives1 offers1 or promises anything of value to any person1 for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial1 hearing1 or other proceeding1 before any court1 any committee of either ,house or both ,houses of ,congress1 or any agency1 commission1 or officer authorized by the laws of the ,united ,states to hear evidence or take testimony1 or for or because of such person's absence therefrom2 7#c7 demands1 seeks1 receives1 accepts1 or agrees to receive or accept anything of value personally for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon any such trial1 hearing1 or other proceeding1 or for or because of such person's absence therefrom2 shall be imprisoned for not more than two years4 7d7 ,exclusion ,paragraphs 7#c7 and 7#d7 of subsection 7b7 and paragraphs 7#b7 and 7#c7 of subsection 7c7 shall not be construed to prohibit the payment or receipt of witness fees provided by law1 or the payment1 by the party upon whose behalf a witness is called and receipt by a witness1 of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial1 hearing1 or proceeding1 or in the case of expert witnesses1 a reasonable fee for time spent in the preparation of such opinion1 and in appearing and testifying4 #iib4 ,definitions for certain sections 7a7 ,sections #iic1 #iie1 #iig1 #iih1 and #iii ,for the purpose of sections #iic1 #iie1 #iig1 #iih1 and #iii the term special ,government employee means-- 7#a7 an officer or employee of the executive or legislative branch of the ,united ,states ,government1 of any independent agency of the ,united ,states or of the ,district of ,columbia1 who is retained1 designated1 appointed1 or employed to perform1 with or without compensation1 for not to exceed one #acj during any period of #cfe consecutive days1 temporary duties either on a full-time or intermittent basis1 a part-time ,united ,states commissioner1 a part-time ,united ,states magistrate judge1 or1 regardless of the number of days of appointment1 an independent counsel appointed under chapter #dj of title #bh and any person appointed by that independent counsel under section #eid7;c7 of title #bh2 7#b7 every person serving as a part-time local representative of a ,member of ,congress in the ,member's home district or ,state2 and 7#c7 notwithstanding sections #ejb1 #baje7;d71 and #eecd of title #e1 a ,reserve officer of the ,armed ,forces1 or an officer of the ,national ,guard of the ,united ,states1 unless otherwise an officer or employee of the ,united ,states1 while on active duty solely for training2 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 #acj days shall be classified as an officer of the ,united ,states within the meaning of section #iic and sections #iie through #iii and #ajje1 and a ,reserve officer of the ,armed ,forces or an officer of the ,national ,guard of the ,united ,states who is serving involuntarily shall be classified as a special ,government employee4 ,the terms officer or employee and special ,government employee as used in sections #iic1 #iie1 #iig through #iii1 and #ajje1 does not include enlisted members of the ,armed ,forces4 7b7 ,sections #iie and #iig ,for the purposes of sections #iie and #iig1 the term official responsibility means the direct administrative or operating authority1 whether intermediate or final1 and either exercisable alone or with others1 and either personally or through subordinates1 to approve1 disapprove1 or otherwise direct ,government action4 7c7 ,exclusion from ,officer and ,employee ,except as otherwise provided in such sections1 the terms officer and employee in sections #iic1 #iie1 #iig through #iii1 and #ajje does not include the ,president1 the ,vice ,president1 a ,member of ,congress1 or a ,federal judge4 7d7 ,member of ,congress ,the term ,member of ,congress in sections #iid and #iig means-- 7#a7 a ,united ,states ,senator2 and 7#b7 a ,representative in1 or a ,delegate or ,resident ,commissioner to1 the ,house of ,representatives4 7e7 ,additional definitions ,as used in this subchapter-- 7#a7 the term executive branch includes each executive agency as defined in title #e1 and any other entity or administrative unit in the executive branch2 7#b7 the term judicial branch means the ,supreme ,court of the ,united ,states2 the ,united ,states courts of appeals2 the ,united ,states district courts2 the ,court of ,international ,trade2 the ,united ,states bankruptcy courts2 any court created pursuant to article ,i of the ,united ,states ,constitution1 including the ,court of ,appeals for the ,armed ,forces1 the ,united ,states ,court of ,federal ,claims1 and the ,united ,states ,tax ,court1 but not including a court of a territory or possession of the ,united ,states2 the ,federal ,judicial ,center2 and any other agency1 office1 or entity in the judicial branch2 and 7#c7 the term legislative branch means-- 7,a7 the ,congress2 and 7,b7 the ,office of the ,architect of the ,capitol1 the ,united ,states ,botanic ,garden1 the ,government ,accountability ,office1 the ,government ,printing ,office1 the ,library of ,congress1 the ,office of ,technology ,assessment1 the ,congressional ,budget ,office1 the ,united ,states ,capitol ,police1 and any other agency1 entity1 office1 or commission established in the legislative branch4 #iic4 ,compensation to ,members of ,congress1 officers1 and others in matters affecting the ,government 7a7 ,federal matters ,whoever1 otherwise than as provided by law for the proper discharge of official duties-- 7#a7 demands1 seeks1 receives1 accepts1 or agrees to receive or accept any compensation for any representational services1 as agent or attorney or otherwise1 rendered or to be rendered either personally or by another-- 7,a7 at a time when such person is a ,member of ,congress1 ,member of ,congress ,elect1 ,delegate1 ,delegate ,elect1 ,resident ,commissioner1 or ,resident ,commissioner ,elect2 or 7,b7 at a time when such person is an officer or employee or ,federal judge of the ,united ,states in the executive1 legislative1 or judicial branch of the ,government1 or in any agency of the ,united ,states1 in relation to any proceeding1 application1 request for a ruling or other determination1 contract1 claim1 controversy1 charge1 accusation1 arrest1 or other particular matter in which the ,united ,states is a party or has a direct and substantial interest1 before any department1 agency1 court1 court-martial1 officer1 or any civil1 military1 or naval commission2 or 7#b7 knowingly gives1 promises1 or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given1 promised1 or offered1 is or was such a ,member1 ,member ,elect1 ,delegate1 ,delegate ,elect1 ,commissioner1 ,commissioner ,elect1 ,federal judge1 officer1 or employee2 shall be subject to the penalties set forth in section #ajjd4 7b7 ,district of ,columbia ,whoever1 otherwise than as provided by law for the proper discharge of official duties-- 7#a7 demands1 seeks1 receives1 accepts1 or agrees to receive or accept any compensation for any representational services1 as agent or attorney or otherwise1 rendered or to be rendered either personally or by another1 at a time when such person is an officer or employee of the ,district of ,columbia1 in relation to any proceeding1 application1 request for a ruling or other determination1 contract1 claim1 controversy1 charge1 accusation1 arrest1 or other particular matter in which the ,district of ,columbia is a party or has a direct and substantial interest1 before any department1 agency1 court1 officer1 or commission2 or 7#b7 knowingly gives1 promises1 or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given1 promised1 or offered1 is or was an officer or employee of the ,district of ,columbia2 shall be subject to the penalties set forth in section #ajjd4 7c7 ,special ,government employees ,a special ,government employee shall be subject to subsections 7a7 and 7b7 only in relation to a particular matter involving a specific party or parties-- 7#a7 in which such employee has at any time participated personally and substantially as a ,government employee or as a special ,government employee through decision1 approval1 disapproval1 recommendation1 the rendering of advice1 investigation or otherwise2 or 7#b7 which is pending in the department or agency of the ,government in which such employee is serving except that paragraph 7#b7 of this subsection does 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 days4 7d7 ,exclusion ,nothing in this section prevents an officer or employee1 including a special ,government employee1 from acting1 with or without compensation1 as agent or attorney for or otherwise representing his parents1 spouse1 child1 or any person for whom1 or for any estate for which1 he is serving as guardian1 executor1 administrator1 trustee1 or other personal fiduciary except-- 7#a7 in those matters in which he has participated personally and substantially as a ,government employee or as a special ,government employee through decision1 approval1 disapproval1 recommendation1 the rendering of advice1 investigation1 or otherwise2 or 7#b7 in those matters that are the subject of his official responsibility1 subject to approval by the ,government official responsible for appointment to his position4 7e7 ,certification of national interest ,nothing in this section prevents a special ,government employee from acting as agent or attorney for another person in the performance of work under a grant by1 or a contract with or for the benefit of1 the ,united ,states if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the ,federal ,register4 7f7 ,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 perjury4 #iid4 ,practice in ,united ,states ,court of ,federal ,claims or the ,united ,states ,court of ,appeals for the ,federal circuit by ,members of ,congress ,whoever1 being a ,member of ,congress or ,member of ,congress ,elect1 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 #ajjd4 #iie4 ,activities of officers and employees in claims against and other matters affecting the ,government 7a7 ,federal matters ,whoever1 being an officer or employee of the ,united ,states in the executive1 legislative1 or judicial branch of the ,government or in any agency of the ,united ,states1 other than in the proper discharge of his official duties-- 7#a7 acts as agent or attorney for prosecuting any claim against the ,united ,states1 or receives any gratuity1 or any share of or interest in any such claim1 in consideration of assistance in the prosecution of such claim2 or 7#b7 acts as agent or attorney for anyone before any department1 agency1 court1 court-martial1 officer1 or civil1 military1 or naval commission in connection with any covered matter in which the ,united ,states is a party or has a direct and substantial interest2 shall be subject to the penalties set forth in section #ajjd4 7b7 ,district of ,columbia ,whoever1 being an officer or employee of the ,district of ,columbia or an officer or employee of the ,office of the ,united ,states ,attorney for the ,district of ,columbia1 otherwise than in the proper discharge of official duties-- 7#a7 acts as agent or attorney for prosecuting any claim against the ,district of ,columbia1 or receives any gratuity1 or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim2 or 7#b7 acts as agent or attorney for anyone before any department1 agency1 court1 officer1 or commission in connection with any covered matter in which the ,district of ,columbia is a party or has a direct and substantial interest2 shall be subject to the penalties set forth in section #ajjd4 7c7 ,special ,government employees ,a special ,government employee shall be subject to subsections 7a7 and 7b7 only in relation to a covered matter involving a specific party or parties-- 7#a7 in which he has at any time participated personally and substantially as a ,government employee or special ,government employee through decision1 approval1 disapproval1 recommendation1 the rendering of advice1 investigation1 or otherwise2 or 7#b7 which is pending in the department or agency of the ,government in which he is serving4 ,paragraph 7#b7 does 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 days4 7d7 ,exclusion with respect to certain persons 7#a7 ,generally ,nothing in subsection 7a7 or 7b7 prevents an officer or employee1 if not inconsistent with the faithful performance of that officer's or employee's duties1 from acting without compensation as agent or attorney for1 or otherwise representing-- 7,a7 any person who is the subject of disciplinary1 loyalty1 or other personnel administration proceedings in connection with those proceedings2 or 7,b7 except as provided in paragraph 7#b71 any cooperative1 voluntary1 professional1 recreational1 or similar organization or group not established or operated for profit1 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 ,columbia1 or their spouses or dependent children4 7#b7 ,exception ,paragraph 7#a77;,b7 does not apply with respect to a covered matter that-- 7,a7 is a claim under subsection 7a77#a7 or 7b77#a72 7,b7 is a judicial or administrative proceeding where the organization or group is a party2 or 7,c7 involves a grant1 contract1 or other agreement 7including a request for any such grant1 contract1 or agreement7 providing for the disbursement of ,federal funds to the organization or group4 7e7 ,exclusion with respect family members ,nothing in subsection 7a7 or 7b7 prevents an officer or employee1 including a special ,government employee1 from acting1 with or without compensation1 as agent or attorney for1 or otherwise representing1 his parents1 spouse1 child1 or any person for whom1 or for any estate for which1 he is serving as guardian1 executor1 administrator1 trustee1 or other personal fiduciary except-- 7#a7 in those matters in which he has participated personally and substantially as a ,government employee or special ,government employee through decision1 approval1 disapproval1 recommendation1 the rendering of advice1 investigation1 or otherwise1 or 7#b7 in those matters which are the subject of his official responsibility1 subject to approval by the ,government official responsible for appointment to his position4 7f7 ,certification of national interest ,nothing in subsection 7a7 or 7b7 prevents a special ,government employee from acting as agent or attorney for another person in the performance of work under a grant by1 or a contract with or for the benefit of1 the ,united ,states if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the ,federal ,register4 7g7 ,testimony and statements ,nothing in this section prevents an officer or employee from giving testimony under oath or from making statements required to be made under penalty for perjury or contempt4 7h7 ,definition ,for the purpose of this section1 the term covered matter means any judicial or other proceeding1 application1 request for a ruling or other determination1 contract1 claim1 controversy1 investigation1 charge1 accusation1 arrest1 or other particular matter4 7i7 ,additional exclusions ,nothing in this section prevents an employee from acting pursuant to-- 7#a7 chapter #ga of title #e2 7#b7 section #ajjd or chapter #ab of title #ci2 7#c7 section #c of the ,tennessee ,valley ,authority ,act of #aicc2 7#d7 chapter #aj of title ,i of the ,foreign ,service ,act of #aihj2 or 7#e7 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 employees4 #iif4 ,exemption of retired officers of the uniformed services ,sections #iic and #iie do not apply to a retired officer of the uniformed services of the ,united ,states while not on active duty and not otherwise an officer or employee of the ,united ,states1 or to any person specially excepted by ,act of ,congress4 #iig4 ,restrictions on former officers1 employees1 and elected officials of the executive and legislative branches 7a7 ,restrictions on all officers and employees of the executive branch and certain other agencies 7#a7 ,permanent restrictions on representation on particular matters ,whoever is an officer or employee 7including any special ,government employee7 of the executive branch of the ,united ,states 7including any independent agency of the ,united ,states71 or of the ,district of ,columbia1 and who1 after the termination of his or her service or employment with the ,united ,states or the ,district of ,columbia1 knowingly makes1 with the intent to influence1 any communication to or appearance before any officer or employee of any department1 agency1 court1 or court-martial of the ,united ,states or the ,district of ,columbia1 on behalf of any other person 7except the ,united ,states or the ,district of ,columbia7 in connection with a particular matter-- 7,a7 in which the ,united ,states or the ,district of ,columbia is a party or has a direct and substantial interest1 7,b7 in which the person participated personally and substantially as such officer or employee1 and 7,c7 which involved a specific party or specific parties at the time of such participation1 shall be punished as provided in section #ajjd4 7#b7 ,two-year restrictions concerning particular matters under official responsibility ,any person subject to the restrictions contained in paragraph 7#a7 who1 within #b years after the termination of his or her service or employment with the ,united ,states or the ,district of ,columbia1 knowingly makes1 with the intent to influence1 any communication to or appearance before any officer or employee of any department1 agency1 court1 or court-martial of the ,united ,states or the ,district of ,columbia1 on behalf of any other person 7except the ,united ,states or the ,district of ,columbia71 in connection with a particular matter-- 7,a7 in which the ,united ,states or the ,district of ,columbia is a party or has a direct and substantial interest1 7,b7 which such person knows or reasonably should know was actually pending under his or her official responsibility as such officer or employee within a period of #a year before the termination of his or her service or employment with the ,united ,states or the ,district of ,columbia1 and 7,c7 which involved a specific party or specific parties at the time it was so pending1 shall be punished as provided in section #ajjd4 7#c7 ,clarification of restrictions ,the restrictions contained in paragraphs 7#a7 and 7#b7 apply-- 7,a7 in the case of an officer or employee of the executive branch of the ,united ,states 7including any independent agency71 only with respect to communications to or appearances before any officer or employee of any department1 agency1 court1 or court-martial of the ,united ,states on behalf of any other person 7except the ,united ,states71 and only with respect to a matter in which the ,united ,states is a party or has a direct and substantial interest2 and 7,b7 in the case of an officer or employee of the ,district of ,columbia1 only with respect to communications to or appearances before any officer or employee of any department1 agency1 or court of the ,district of ,columbia on behalf of any other person 7except the ,district of ,columbia71 and only with respect to a matter in which the ,district of ,columbia is a party or has a direct and substantial interest4 7b7 ,one-,year restrictions on aiding or advising 7#a7 ,in general ,any person who is a former officer or employee of the executive branch of the ,united ,states 7including any independent agency7 and is subject to the restrictions contained in subsection 7a77#a71 or any person who is a former officer or employee of the legislative branch or a former ,member of ,congress1 who personally and substantially participated in any ongoing trade or treaty negotiation on behalf of the ,united ,states within the #a-year period preceding the date on which his or her service or employment with the ,united ,states terminated1 and who had access to information concerning such trade or treaty negotiation which is exempt from disclosure under section #eeb of title #e1 which is so designated by the appropriate department or agency1 and which the person knew or should have known was so designated1 shall not1 on the basis of that information1 knowingly represent1 aid1 or advise any other person 7except the ,united ,states7 concerning such ongoing trade or treaty negotiation for a period of #a year after his or her service or employment with the ,united ,states terminates4 ,whoever violates this subsection shall be punished as provided in section #ajjd4 7#b7 ,definition ,for purposes of this paragraph-- 7,a7 the term trade negotiation means negotiations which the ,president determines to undertake to enter into a trade agreement pursuant to section #aajb of the ,omnibus ,trade and ,competitiveness ,act of #aihh1 and does not include any action taken before that determination is made2 and 7,b7 the term treaty means an international agreement made by the ,president that requires the advice and consent of the ,senate4 7c7 ,one-,year restrictions on certain senior personnel of the executive branch and independent agencies 7#a7 ,restrictions ,in addition to the restrictions set forth in subsections 7a7 and 7b71 any person who is an officer or employee 7including any special ,government employee7 of the executive branch of the ,united ,states 7including an independent agency71 who is referred to in paragraph 7#b71 and who1 within #a year after the termination of his or her service or employment as such officer or employee1 knowingly makes1 with the intent to influence1 any communication to or appearance before any officer or employee of the department or agency in which such person served within #a year before such termination1 on behalf of any other person 7except the ,united ,states71 in connection with any matter on which such person seeks official action by any officer or employee of such department or agency1 shall be punished as provided in section #ajjd4 7#b7 ,persons to whom restrictions apply 7,a7 ,paragraph 7#a7 applies to a person 7other than a person subject to the restrictions of subsection 7d77-- 7i7 employed at a rate of pay specified in or fixed according to subchapter ,,ii of chapter #ec of title #e1 7ii7 employed in a position which is not referred to in clause 7i7 and for which that person is paid at a rate of basic pay which is equal to or greater than #hf4e percent of the rate of basic pay for level ,,ii of the ,executive ,schedule1 or1 for a period of #b years following the enactment of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjd1 a person who1 on the day prior to the enactment of that ,act1 was employed in a position which is not referred to in clause 7i7 and for which the rate of basic pay1 exclusive of any locality-based pay adjustment under section #ecjd or section #ecjd;a of title #e1 was equal to or greater than the rate of basic pay payable for level #e of the ,senior ,executive ,service on the day prior to the enactment of that ,act1 7iii7 appointed by the ,president to a position under section #aje7;a77#b77;,b7 of title #c or by the ,vice ,president to a position under section #ajf7;a77#a77;,b7 of title #c1 7iv7 employed in a position which is held by an active duty commissioned officer of the uniformed services who is serving in a grade or rank for which the pay grade 7as specified in section #bja of title #cg7 is pay grade ,o-#g or above1 or 7v7 assigned from a private sector organization to an agency under chapter #cg of title #e4 7,b7 ,paragraph 7#a7 does not apply to a special ,government employee who serves less than #fj days in the #a-year period before his or her service or employment as such employee terminates4 7,c7 ,at the request of a department or agency1 the ,director of the ,office of ,government ,ethics may waive the restrictions contained in paragraph 7#a7 with respect to any position1 or category of positions1 referred to in clause 7ii7 or 7iv7 of subparagraph 7,a71 in such department or agency if the ,director determines that-- 7i7 the imposition of the restrictions with respect to such position or positions would create an undue hardship on the department or agency in obtaining qualified personnel to fill such position or positions1 and 7ii7 granting the waiver would not create the potential for use of undue influence or unfair advantage4 7#c7 ,members of the ,independent ,medicare ,advisory ,board 7,a7 ,in general ,paragraph 7#a7 applies to a member of the ,independent ,medicare ,advisory ,board under section #ahii;,a of the ,social ,security ,act4 7,b7 ,agencies and ,congress ,for purposes of paragraph 7#a71 the agency in which the individual described in subparagraph 7,a7 served shall be considered to be the ,independent ,medicare ,advisory ,board1 the ,department of ,health and ,human ,services1 and the relevant committees of jurisdiction of ,congress1 including the ,committee on ,ways and ,means and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,finance of the ,senate4''4 7d7 ,restrictions on very senior personnel of the executive branch and independent agencies 7#a7 ,restrictions ,in addition to the restrictions set forth in subsections 7a7 and 7b71 any person who-- 7,a7 serves in the position of ,vice ,president of the ,united ,states1 7,b7 is employed in a position in the executive branch of the ,united ,states 7including any independent agency7 at a rate of pay payable for level ,i of the ,executive ,schedule or employed in a position in the ,executive ,office of the ,president at a rate of pay payable for level ,,ii of the ,executive ,schedule1 or 7,c7 is appointed by the ,president to a position under section #aje7;a77#b77;,a7 of title #c or by the ,vice ,president to a position under section #ajf7;a77#a77;,a7 of title #c1 and who1 within #b years after the termination of that person's service in that position1 knowingly makes1 with the intent to influence1 any communication to or appearance before any person described in paragraph 7#b71 on behalf of any other person 7except the ,united ,states71 in connection with any matter on which such person seeks official action by any officer or employee of the executive branch of the ,united ,states1 shall be punished as provided in section #ajjd4 7#b7 ,persons who may not be contacted ,the persons referred to in paragraph 7#a7 with respect to appearances or communications by a person in a position described in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#a7 are-- 7,a7 any officer or employee of any department or agency in which such person served in such position within a period of #a year before such person's service or employment with the ,united ,states ,government terminated1 and 7,b7 any person appointed to a position in the executive branch which is listed in section #ecab1 #ecac1 #ecad1 #ecae1 or #ecaf of title #e4 7e7 ,restrictions on ,members of ,congress and officers and employees of the legislative branch 7#a7 ,members of ,congress and elected officers of the ,house 7,a7 ,senators ,any person who is a ,senator and who1 within #b years after that person leaves office1 knowingly makes1 with the intent to influence1 any communication to or appearance before any ,member1 officer1 or employee of either ,house of ,congress or any employee of any other legislative office of the ,congress1 on behalf of any other person 7except the ,united ,states7 in connection with any matter on which such former ,senator seeks action by a ,member1 officer1 or employee of either ,house of ,congress1 in his or her official capacity1 shall be punished as provided in section #ajjd4 7,b7 ,members and officers of the ,house of ,representatives 7i7 ,any person who is a ,member of the ,house of ,representatives or an elected officer of the ,house of ,representatives and who1 within #a year after that person leaves office1 knowingly makes1 with the intent to influence1 any communication to or appearance before any of the persons described in clause 7ii7 or 7iii71 on behalf of any other person 7except the ,united ,states7 in connection with any matter on which such former ,member of ,congress or elected officer seeks action by a ,member1 officer1 or employee of either ,house of ,congress1 in his or her official capacity1 shall be punished as provided in section #ajjd4 7ii7 ,the persons referred to in clause 7i7 with respect to appearances or communications by a former ,member of the ,house of ,representatives are any ,member1 officer1 or employee of either ,house of ,congress and any employee of any other legislative office of the ,congress4 7iii7 ,the persons referred to in clause 7i7 with respect to appearances or communications by a former elected officer are any ,member1 officer1 or employee of the ,house of ,representatives4 7#b7 ,officers and staff of the ,senate ,any person who is an elected officer of the ,senate1 or an employee of the ,senate to whom paragraph 7#g77;,a7 applies1 and who1 within #a year after that person leaves office or employment1 knowingly makes1 with the intent to influence1 any communication to or appearance before any ,senator or any officer or employee of the ,senate1 on behalf of any other person 7except the ,united ,states7 in connection with any matter on which such former elected officer or former employee seeks action by a ,senator or an officer or employee of the ,senate1 in his or her official capacity1 shall be punished as provided in section #ajjd4 7#c7 ,personal staff 7,a7 ,any person who is an employee of a ,member of the ,house of ,representatives to whom paragraph 7#g77;,a7 applies and who1 within #a year after the termination of that employment1 knowingly makes1 with the intent to influence1 any communication to or appearance before any of the persons described in subparagraph 7,b71 on behalf of any other person 7except the ,united ,states7 in connection with any matter on which such former employee seeks action by a ,member1 officer1 or employee of either ,house of ,congress1 in his or her official capacity1 shall be punished as provided in section #ajjd4 7,b7 ,the persons referred to in subparagraph 7,a7 with respect to appearances or communications by a person who is a former employee are the following3 7i7 ,the ,member of the ,house of ,representatives for whom that person was an employee4 7ii7 ,any employee of that ,member of the ,house of ,representatives4 7#d7 ,committee staff ,any person who is an employee of a committee of the ,house of ,representatives1 or an employee of a joint committee of the ,congress whose pay is disbursed by the ,clerk of the ,house of ,representatives1 to whom paragraph 7#g77;,a7 applies and who1 within #a year after the termination of that person's employment on such committee or joint committee 7as the case may be71 knowingly makes1 with the intent to influence1 any communication to or appearance before any person who is a ,member or an employee of that committee or joint committee 7as the case may be7 or who was a ,member of the committee or joint committee 7as the case may be7 in the year immediately prior to the termination of such person's employment by the committee or joint committee 7as the case may be71 on behalf of any other person 7except the ,united ,states7 in connection with any matter on which such former employee seeks action by a ,member1 officer1 or employee of either ,house of ,congress1 in his or her official capacity1 shall be punished as provided in section #ajjd4 7#e7 ,leadership staff 7,a7 ,any person who is an employee on the leadership staff of the ,house of ,representatives to whom paragraph 7#g77;,a7 applies and who1 within #a year after the termination of that person's employment on such staff1 knowingly makes1 with the intent to influence1 any communication to or appearance before any of the persons described in subparagraph 7,b71 on behalf of any other person 7except the ,united ,states7 in connection with any matter on which such former employee seeks action by a ,member1 officer1 or employee of either ,house of ,congress1 in his or her official capacity1 shall be punished as provided in section #ajjd4 7,b7 ,the persons referred to in subparagraph 7,a7 with respect to appearances or communications by a former employee are any ,member of the leadership of the ,house of ,representatives and any employee on the leadership staff of the ,house of ,representatives4 7#f7 ,other legislative offices 7,a7 ,any person who is an employee of any other legislative office of the ,congress to whom paragraph 7#g77;,b7 applies and who1 within #a year after the termination of that person's employment in such office1 knowingly makes1 with the intent to influence1 any communication to or appearance before any of the persons described in subparagraph 7,b71 on behalf of any other person 7except the ,united ,states7 in connection with any matter on which such former employee seeks action by any officer or employee of such office1 in his or her official capacity1 shall be punished as provided in section #ajjd4 7,b7 ,the persons referred to in subparagraph 7,a7 with respect to appearances or communications by a former employee are the employees and officers of the former legislative office of the ,congress of the former employee4 7#g7 ,limitation on restrictions 7,a7 ,the restrictions contained in paragraphs 7#b71 7#c71 7#d71 and 7#e7 apply only to acts by a former employee who1 for at least #fj days1 in the aggregate1 during the #a-year period before that former employee's service as such employee terminated1 was paid a rate of basic pay equal to or greater than an amount which is #ge percent of the basic rate of pay payable for a ,member of the ,house of ,congress in which such employee was employed4 7,b7 ,the restrictions contained in paragraph 7#f7 apply only to acts by a former employee who1 for at least #fj days1 in the aggregate1 during the #a-year period before that former employee's service as such employee terminated1 was employed in a position for which the rate of basic pay1 exclusive of any locality-based pay adjustment under section #ecjb of title #e1 is equal to or greater than the basic rate of pay payable for level ,,iv of the ,executive ,schedule4 7#h7 ,exception ,this subsection does not apply to contacts with the staff of the ,secretary of the ,senate or the ,clerk of the ,house of ,representatives regarding compliance with lobbying disclosure requirements under the ,lobbying ,disclosure ,act of #aiie4 7#i7 ,definitions ,as used in this subsection-- 7,a7 the term committee of ,congress includes standing committees1 joint committees1 and select committees2 7,b7 a person is an employee of a ,house of ,congress if that person is an employee of the ,senate or an employee of the ,house of ,representatives2 7,c7 the term employee of the ,house of ,representatives means an employee of a ,member of the ,house of ,representatives1 an employee of a committee of the ,house of ,representatives1 an employee of a joint committee of the ,congress whose pay is disbursed by the ,clerk of the ,house of ,representatives1 and an employee on the leadership staff of the ,house of ,representatives2 7,d7 the term employee of the ,senate means an employee of a ,senator1 an employee of a committee of the ,senate1 an employee of a joint committee of the ,congress whose pay is disbursed by the ,secretary of the ,senate1 and an employee on the leadership staff of the ,senate2 7,e7 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 allowance2 7,f7 a person is an employee of a ,senator if that person is an employee in a position in the office of a ,senator2 7,g7 the term employee of any other legislative office of the ,congress means an officer or employee of the ,architect of the ,capitol1 the ,united ,states ,botanic ,garden1 the ,government ,accountability ,office1 the ,government ,printing ,office1 the ,library of ,congress1 the ,office of ,technology ,assessment1 the ,congressional ,budget ,office1 the ,united ,states ,capitol ,police1 and any other agency1 entity1 or office in the legislative branch not covered by paragraph 7#a71 7#b71 7#c71 7#d71 or 7#e7 of this subsection2 7,h7 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 7,l71 and any elected minority employee of the ,house of ,representatives2 7,i7 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 subparagraph 7,m72 7,j7 the term ,member of ,congress means a ,senator or a ,member of the ,house of ,representatives2 7,k7 the term ,member of the ,house of ,representatives means a ,representative in1 or a ,delegate or ,resident ,commissioner to1 the ,congress2 7,l7 the term ,member of the leadership of the ,house of ,representatives means the ,speaker1 majority leader1 minority leader1 majority whip1 minority whip1 chief deputy majority whip1 chief deputy minority whip1 chairman of the ,democratic ,steering ,committee1 chairman and vice chairman of the ,democratic ,caucus1 chairman1 vice chairman1 and secretary of the ,republican ,conference1 chairman of the ,republican ,research ,committee1 and chairman of the ,republican ,policy ,committee1 of the ,house of ,representatives 7or any similar position created on or after the effective date set forth in section #ajb7;a7 of the ,ethics ,reform ,act of #aihi72 and 7,m7 the term ,member of the leadership of the ,senate means the ,vice ,president1 and the ,president pro tempore1 ,deputy ,president pro tempore1 majority leader1 minority leader1 majority whip1 minority whip1 chairman and secretary of the ,conference of the ,majority1 chairman and secretary of the ,conference of the ,minority1 chairman and co-chairman of the ,majority ,policy ,committee1 and chairman of the ,minority ,policy ,committee1 of the ,senate 7or any similar position created on or after the effective date set forth in section #ajb7;a7 of the ,ethics ,reform ,act of #aihi74 7f7 ,restrictions relating to foreign entities 7#a7 ,restrictions ,any person who is subject to the restrictions contained in subsection 7c71 7d71 or 7e7 and who knowingly1 within #a year after leaving the position1 office1 or employment referred to in such subsection-- 7,a7 represents a foreign entity before any officer or employee of any department or agency of the ,united ,states with the intent to influence a decision of such officer or employee in carrying out his or her official duties1 or 7,b7 aids or advises a foreign entity with the intent to influence a decision of any officer or employee of any department or agency of the ,united ,states1 in carrying out his or her official duties1 shall be punished as provided in section #ajjd4 7#b7 ,special rule for trade representative ,with respect to a person who is the ,united ,states ,trade ,representative or ,deputy ,united ,states ,trade ,representative1 the restrictions described in paragraph 7#a7 apply to representing1 aiding1 or advising foreign entities at any time after the termination of that person's service as the ,united ,states ,trade ,representative4 7#c7 ,definition ,for purposes of this subsection1 the term foreign entity means the government of a foreign country as defined in section #a7;e7 of the ,foreign ,agents ,registration ,act of #aich1 as amended1 or a foreign political party as defined in section #a7;f7 of that ,act4 7g7 ,special rules for detailees ,for purposes of this section1 a person who is detailed from one department1 agency1 or other entity to another department1 agency1 or other entity shall1 during the period such person is detailed1 be deemed to be an officer or employee of both departments1 agencies1 or such entities4 7h7 ,designations of separate statutory agencies and bureaus 7#a7 ,designations ,for purposes of subsection 7c7 and except as provided in paragraph 7#b71 whenever the ,director of the ,office of ,government ,ethics determines that an agency or bureau within a department or agency in the executive branch exercises functions which are distinct and separate from the remaining functions of the department or agency and that there exists no potential for use of undue influence or unfair advantage based on past ,government service1 the ,director shall by rule designate such agency or bureau as a separate department or agency4 ,on an annual basis the ,director of the ,office of ,government ,ethics shall review the designations and determinations made under this subparagraph and1 in consultation with the department or agency concerned1 make such additions and deletions as are necessary4 ,departments and agencies shall cooperate to the fullest extent with the ,director of the ,office of ,government ,ethics in the exercise of his or her responsibilities under this paragraph4 7#b7 ,inapplicability of designations ,no agency or bureau within the ,executive ,office of the ,president may be designated under paragraph 7#a7 as a separate department or agency4 ,no designation under paragraph 7#a7 shall apply to persons referred to in subsection 7c77#b77;,a77i7 or 7iii74 7i7 ,definitions ,for purposes of this section-- 7#a7 the term officer or employee1 when used to describe the person to whom a communication is made or before whom an appearance is made1 with the intent to influence1 shall include-- 7,a7 in subsections 7a71 7c71 and 7d71 the ,president and the ,vice ,president2 and 7,b7 in subsection 7f71 the ,president1 the ,vice ,president1 and ,members of ,congress2 7#b7 the term participated means an action taken as an officer or employee through decision1 approval1 disapproval1 recommendation1 the rendering of advice1 investigation1 or other such action2 and 7#c7 the term particular matter includes any investigation1 application1 request for a ruling or determination1 rulemaking1 contract1 controversy1 claim1 charge1 accusation1 arrest1 or judicial or other proceeding4 7j7 ,exceptions 7#a7 ,official government duties 7,a7 ,in general ,the restrictions contained in this section do not apply to acts done in carrying out official duties on behalf of the ,united ,states or the ,district of ,columbia or as an elected official of a ,state or local government4 7,b7 ,tribal organizations and inter-tribal consortiums ,the restrictions contained in this section do not apply to acts authorized by section #ajd7;j7 of the ,indian ,self-,determination and ,education ,assistance ,act4 7#b7 ,state and local governments and institutions1 hospitals1 and organizations ,the restrictions contained in subsections 7c71 7d71 and 7e7 do not apply to acts done in carrying out official duties as an employee of-- 7,a7 an agency or instrumentality of a ,state or local government if the appearance1 communication1 or representation is on behalf of such government1 or 7,b7 an accredited1 degree-granting institution of higher education1 as defined in section #aja of the ,higher ,education ,act of #aife1 or a hospital or medical research organization1 exempted and defined under section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf1 if the appearance1 communication1 or representation is on behalf of such institution1 hospital1 or organization4 7#c7 ,international organizations ,the restrictions contained in this section do not apply to an appearance or communication on behalf of1 or advice or aid to1 an international organization in which the ,united ,states participates1 if the ,secretary of ,state certifies in advance that such activity is in the interests of the ,united ,states4 7#d7 ,special knowledge ,the restrictions contained in subsections 7c71 7d71 and 7e7 do not prevent an individual from making or providing a statement1 which is based on the individual's own special knowledge in the particular area that is the subject of the statement1 if no compensation is thereby received4 7#e7 ,exception for scientific or technological information ,the restrictions contained in subsections 7a71 7c71 and 7d7 do not apply with respect to the making of communications solely for the purpose of furnishing scientific or technological information1 if such communications are made under procedures acceptable to the department or agency concerned or if the head of the department or agency concerned with the particular matter1 in consultation with the ,director of the ,office of ,government ,ethics1 makes a certification1 published in the ,federal ,register1 that the former officer or employee has outstanding qualifications in a scientific1 technological1 or other technical discipline1 and is acting with respect to a particular matter which requires such qualifications1 and that the national interest would be served by the participation of the former officer or employee4 ,for purposes of this paragraph1 the term officer or employee includes the ,vice ,president4 7#f7 ,exception for testimony ,nothing in this section prevents an individual from giving testimony under oath1 or from making statements required to be made under penalty of perjury4 ,notwithstanding the preceding sentence-- 7,a7 a former officer or employee of the executive branch of the ,united ,states 7including any independent agency7 who is subject to the restrictions contained in subsection 7a77#a7 with respect to a particular matter may not1 except pursuant to court order1 serve as an expert witness for any other person 7except the ,united ,states7 in that matter2 and 7,b7 a former officer or employee of the ,district of ,columbia who is subject to the restrictions contained in subsection 7a77#a7 with respect to a particular matter may not1 except pursuant to court order1 serve as an expert witness for any other person 7except the ,district of ,columbia7 in that matter4 7#g7 ,political parties and campaign committees 7,a7 ,except as provided in subparagraph 7,b71 the restrictions contained in subsections 7c71 7d71 and 7e7 do not apply to a communication or appearance made solely on behalf of a candidate in his or her capacity as a candidate1 an authorized committee1 a national committee1 a national ,federal campaign committee1 a ,state committee1 or a political party4 7,b7 ,subparagraph 7,a7 does not apply to-- 7i7 any communication to1 or appearance before1 the ,federal ,election ,commission by a former officer or employee of the ,federal ,election ,commission2 or 7ii7 a communication or appearance made by a person who is subject to the restrictions contained in subsection 7c71 7d71 or 7e7 if1 at the time of the communication or appearance1 the person is employed by a person or entity other than-- 7,i7 a candidate1 an authorized committee1 a national committee1 a national ,federal campaign committee1 a ,state committee1 or a political party2 or 7,,ii7 a person or entity who represents1 aids1 or advises only persons or entities described in subclause 7,i74 7,c7 ,for purposes of this paragraph-- 7i7 the term candidate means any person who seeks nomination for election1 or election1 to ,federal or ,state office or who has authorized others to explore on his or her behalf the possibility of seeking nomination for election1 or election1 to ,federal or ,state office2 7ii7 the term authorized committee means any political committee designated in writing by a candidate as authorized to receive contributions or make expenditures to promote the nomination for election1 or the election1 of such candidate1 or to explore the possibility of seeking nomination for election1 or the election1 of such candidate1 except that a political committee that receives contributions or makes expenditures to promote more than #a candidate may not be designated as an authorized committee for purposes of subparagraph 7,a72 7iii7 the term national committee means the organization which1 by virtue of the bylaws of a political party1 is responsible for the day-to-day operation of such political party at the national level2 7iv7 the term national ,federal campaign committee means an organization that1 by virtue of the bylaws of a political party1 is established primarily for the purpose of providing assistance1 at the national level1 to candidates nominated by that party for election to the office of ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress2 7v7 the term ,state committee means the organization which1 by virtue of the bylaws of a political party1 is responsible for the day-to-day operation of such political party at the ,state level2 and 7vi7 the term political party means an association1 committee1 or organization that nominates a candidate for election to any ,federal or ,state elected office whose name appears on the election ballot as the candidate of such association1 committee1 or organization4 7k7 ,waiver 7#a7 7,a7 ,the ,president may grant a waiver of a restriction imposed by this section to any officer or employee described in paragraph 7#b7 if the ,president determines and certifies in writing that it is in the public interest to grant the waiver and that the services of the officer or employee are critically needed for the benefit of the ,federal ,government4 ,not more than #be officers and employees currently employed by the ,federal ,government at any one time may have been granted waivers under this paragraph4 7,b7 7i7 ,a waiver granted under this paragraph to any person shall apply only with respect to activities engaged in by that person after that person's ,federal ,government employment is terminated and only to that person's employment at a ,government-owned1 contractor operated entity with which the person served as an officer or employee immediately before the person's ,federal ,government employment began4 7ii7 ,notwithstanding clause 7i71 a waiver granted under this paragraph to any person who was an officer or employee of ,lawrence ,livermore ,national ,laboratory1 ,los ,alamos ,national ,laboratory1 or ,sandia ,national ,laboratory immediately before the person's ,federal ,government employment began shall apply to that person's employment by any such national laboratory after the person's employment by the ,federal ,government is terminated4 7#b7 ,waivers under paragraph 7#a7 may be granted only to civilian officers and employees of the executive branch1 other than officers and employees in the ,executive ,office of the ,president4 7#c7 ,a certification under paragraph 7#a7 shall take effect upon its publication in the ,federal ,register and shall identify-- 7,a7 the officer or employee covered by the waiver by name and by position1 and 7,b7 the reasons for granting the waiver4 ,a copy of the certification shall also be provided to the ,director of the ,office of ,government ,ethics4 7#d7 ,the ,president may not delegate the authority provided by this subsection4 7#e7 7,a7 ,each person granted a waiver under this subsection shall prepare reports1 in accordance with subparagraph 7,b71 stating whether the person has engaged in activities otherwise prohibited by this section for each six-month period described in subparagraph 7,b71 and if so1 what those activities were4 7,b7 ,a report under subparagraph 7,a7 shall cover each six-month period beginning on the date of the termination of the person's ,federal ,government employment 7with respect to which the waiver under this subsection was granted7 and ending two years after that date4 ,such report shall be filed with the ,president and the ,director of the ,office of ,government ,ethics not later than #fj days after the end of the six-month period covered by the report4 ,all reports filed with the ,director under this paragraph shall be made available for public inspection and copying4 7,c7 ,if a person fails to file any report in accordance with subparagraphs 7,a7 and 7,b71 the ,president shall revoke the waiver and shall notify the person of the revocation4 ,the revocation shall take effect upon the person's receipt of the notification and shall remain in effect until the report is filed4 7,d7 ,any person who is granted a waiver under this subsection shall be ineligible for appointment in the civil service unless all reports required of such person by subparagraphs 7,a7 and 7,b7 have been filed4 7,e7 ,as used in this subsection1 the term civil service has the meaning given that term in section #baja of title #e4 7l7 ,contract advice by former details ,whoever1 being an employee of a private sector organization assigned to an agency under chapter #cg of title #e1 within one year after the end of that assignment1 knowingly represents or aids1 counsels1 or assists in representing any other person 7except the ,united ,states7 in connection with any contract with that agency shall be punished as provided in section #ajjd4 #iih4 ,acts affecting a personal financial interest 7a7 ,offense ,except as permitted by subsection 7b71 whoever1 being an officer or employee of the executive branch of the ,united ,states ,government1 or of any independent agency of the ,united ,states1 a ,federal ,reserve bank director1 officer1 or employee1 or an officer or employee of the ,district of ,columbia1 including a special ,government employee1 participates personally and substantially as a ,government officer or employee1 through decision1 approval1 disapproval1 recommendation1 the rendering of advice1 investigation1 or otherwise1 in a judicial or other proceeding1 application1 request for a ruling or other determination1 contract1 claim1 controversy1 charge1 accusation1 arrest1 or other particular matter in which1 to his knowledge1 he1 his spouse1 minor child1 general partner1 organization in which he is serving as officer1 director1 trustee1 general partner or employee1 or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment1 has a financial interest shall be subject to the penalties set forth in section #ajjd4 7b7 ,exclusions ,subsection 7a7 does not apply-- 7#a7 if the officer or employee first advises the ,government official responsible for appointment to his or her position of the nature and circumstances of the judicial or other proceeding1 application1 request for a ruling or other determination1 contract1 claim1 controversy1 charge1 accusation1 arrest1 or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the ,government may expect from such officer or employee2 7#b7 if1 by regulation issued by the ,director of the ,office of ,government ,ethics1 applicable to all or a portion of all officers and employees covered by this section1 and published in the ,federal ,register1 the financial interest has been exempted from the requirements of subsection 7a7 as being too remote or too inconsequential to affect the integrity of the services of the ,government officers or employees to which such regulation applies2 7#c7 in the case of a special ,government employee serving on an advisory committee within the meaning of the ,federal ,advisory ,committee ,act 7including an individual being considered for an appointment to such a position71 the official responsible for the employee's appointment1 after review of the financial disclosure report filed by the individual pursuant to the ,ethics in ,government ,act of #aigh1 certifies in writing that the need for the individual's services outweighs the potential for a conflict of interest created by the financial interest involved2 or 7#d7 if the financial interest that would be affected by the particular matter involved is that resulting solely from the interest of the officer or employee1 or his or her spouse or minor child1 in birthrights-- 7,a7 in an ,indian tribe1 band1 nation1 or other organized group or community1 including any ,alaska ,native village corporation as defined in or established pursuant to the ,alaska ,native ,claims ,settlement ,act1 which is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians1 7,b7 in an ,indian allotment the title to which is held in trust by the ,united ,states or which is inalienable by the allottee without the consent of the ,united ,states1 or 7,c7 in an ,indian claims fund held in trust or administered by the ,united ,states1 if the particular matter does not involve the ,indian allotment or claims fund or the ,indian tribe1 band1 nation1 organized group or community1 or ,alaska ,native village corporation as a specific party or parties4 7c7 ,deeming provision 7#a7 ,for the purpose of paragraph 7#a7 of subsection 7b71 in the case of class ,a and ,b directors of ,federal ,reserve banks1 the ,board of ,governors of the ,federal ,reserve ,system shall be deemed to be the ,government official responsible for appointment4 7#b7 ,the potential availability of an exemption under any particular paragraph of subsection 7b7 does not preclude an exemption being granted pursuant to another paragraph of subsection 7b74 7d7 ,public availability 7#a7 ,generally ,upon request1 a copy of any determination granting an exemption under subsection 7b77#a7 or 7b77#c7 shall be made available to the public by the agency granting the exemption pursuant to the procedures set forth in section #aje of the ,ethics in ,government ,act of #aigh4 ,in making such determination available1 the agency may withhold from disclosure any information contained in the determination that would be exempt from disclosure under section #eeb of title #e4 ,for purposes of determinations under subsection 7b77#c71 the information describing each financial interest shall be no more extensive than that required of the individual in his or her financial disclosure report under the ,ethics in ,government ,act of #aigh4 7#b7 ,uniform regulations ,the ,office of ,government ,ethics1 after consultation with the ,attorney ,general1 shall issue uniform regulations for the issuance of waivers and exemptions under subsection 7b7 which shall-- 7,a7 list and describe exemptions2 and 7,b7 provide guidance with respect to the types of interests that are not so substantial as to be deemed likely to affect the integrity of the services the ,government may expect from the employee4 #iii4 ,salary of ,government officials and employees payable only by ,united ,states 7a7 ,offense ,whoever-- 7#a7 receives any salary1 or any contribution to or supplementation of salary1 as compensation for his services as an officer or employee of the executive branch of the ,united ,states ,government1 of any independent agency of the ,united ,states1 or of the ,district of ,columbia1 from any source other than the ,government of the ,united ,states1 except as may be contributed out of the treasury of any ,state1 county1 or municipality2 or 7#b7 whoever1 whether an individual1 partnership1 association1 corporation1 or other organization pays1 makes any contribution to1 or in any way supplements1 the salary of any such officer or employee under circumstances which would make its receipt a violation of this subsection2 shall be subject to the penalties set forth in section #ajjd4 7b7 ,exclusion ,nothing in this section prevents an officer or employee of the executive branch of the ,united ,states ,government1 or of any independent agency of the ,united ,states1 or of the ,district of ,columbia1 from continuing to participate in a bona fide pension1 retirement1 group life1 health or accident insurance1 profit-sharing1 stock bonus1 or other employee welfare or benefit plan maintained by a former employer4 7c7 ,special ,government employee ,this section does not apply to a special ,government employee or to an officer or employee of the ,government serving without compensation1 whether or not he is a special ,government employee1 or to any person paying1 contributing to1 or supplementing his salary as such4 7d7 ,payments under chapter #da of title #e ,this section does not prohibit payment or acceptance of contributions1 awards1 or other expenses under the terms of chapter #da of title #e4 7e7 ,relocation expenses ,this section does not prohibit the payment of actual relocation expenses incident to participation1 or the acceptance of same by a participant in an executive exchange or fellowship program in an executive agency1 if such program has been established by statute or ,executive order of the ,president1 offers appointments not to exceed three hundred and sixty-five days1 and permits no extensions in excess of ninety additional days or1 in the case of participants in overseas assignments1 in excess of #cfe days4 7f7 ,injuries during certain offense ,this section does not prohibit acceptance or receipt1 by any officer or employee injured during the commission of an offense described in section #ajb7f7 or #ajb7g71 of contributions or payments from an organization which is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and which is exempt from taxation under section #eja7;a7 of such ,code4 7g7 ,private sector organization 7#a7 ,generally ,this section does not prohibit an employee of a private sector organization1 while assigned to an agency under chapter #cg of title #e1 from continuing to receive pay and benefits from such organization in accordance with such chapter4 7#b7 ,definition ,as used in this subsection1 the term agency means an agency 7as defined by section #cgja of title #e7 and the ,office of the ,chief ,technology ,officer of the ,district of ,columbia4 7h7 ,reserve components of ,armed ,forces ,this section does not prohibit a member of the reserve components of the armed forces on active duty pursuant to a call or order to active duty under a provision of law referred to in section #aja7;a77#ac7 of title #aj from receiving from any person that employed such member before the call or order to active duty any payment of any part of the salary or wages that such person would have paid the member if the member's employment had not been interrupted by such call or order to active duty4 #ajjj4 ,offer to procure appointive public office ,whoever pays or offers or promises any money or thing of value1 to any person1 firm1 or corporation in consideration of the use or promise to use any influence to procure any appointive office or place under the ,united ,states for any person1 shall be imprisoned not more than one year4 #ajja4 ,acceptance or solicitation to obtain appointive public office 7a7 ,promise of office ,whoever solicits or receives1 either as a political contribution1 or for personal emolument1 any money or thing of value1 in consideration of the promise of support or use of influence in obtaining for any person any appointive office or place under the ,united ,states1 shall be imprisoned not more than one year4 7b7 ,adding person ,to obtain employment ,whoever solicits or receives any thing of value in consideration of aiding a person to obtain employment under the ,united ,states either by referring his name to an executive department or agency of the ,united ,states or by requiring the payment of a fee because such person has secured such employment shall be imprisoned not more than one year4 7c7 ,exclusion ,this section does not apply to such services rendered by an employment agency pursuant to the written request of an executive department or agency of the ,united ,states4 #ajjb4 ,offer or acceptance of loan or gratuity 7a7 ,offer to financial institution examiner ,whoever1 being an officer1 director1 or employee of a financial institution1 makes or grants any loan or gratuity1 to any examiner or assistant examiner who examines or has authority to examine such bank1 branch1 agency1 organization1 corporation1 association1 or institution-- 7#a7 shall imprisoned not more than #a year2 and 7#b7 may be fined1 in addition to any fine otherwise imposed under this title1 a sum equal to the money so loaned or gratuity given4 7b7 ,acceptance by financial institution examiner ,whoever1 being an examiner or assistant examiner1 accepts a loan or gratuity from any bank1 branch1 agency1 organization1 corporation1 association1 or institution examined by the examiner or from any person connected with it1 shall-- 7#a7 be imprisoned not more than #a year2 and 7#b7 shall be disqualified from holding office as an examiner4 7c7 ,definitions ,in this section3 7#a7 ,examiner ,the term examiner means any person-- 7,a7 appointed by a ,federal financial institution regulatory agency or pursuant to the laws of any ,state to examine a financial institution2 or 7,b7 elected under the law of any ,state to conduct examinations of any financial institutions4 7#b7 ,federal financial institution regulatory agency ,the term ,federal financial institution regulatory agency means-- 7,a7 the ,office of the ,comptroller of the ,currency2 7,b7 the ,board of ,governors of the ,federal ,reserve ,system2 7,c7 the ,office of ,thrift ,supervision2 7,d7 the ,federal ,deposit ,insurance ,corporation2 7,e7 the ,federal ,housing ,finance ,agency2 7,f7 the ,farm ,credit ,administration2 7,g7 the ,farm ,credit ,system ,insurance ,corporation2 and 7,h7 the ,small ,business ,administration4 7#c7 ,financial institution ,the term financial institution does not include a credit union1 a ,federal ,reserve ,bank1 a ,federal home loan bank1 or a depository institution holding company4 7#d7 ,loan ,the term loan does not include any credit card account established under an open end consumer credit plan or a loan secured by residential real property that is the principal residence of the examiner1 if-- 7,a7 the applicant satisfies any financial requirements for the credit card account or residential real property loan that are generally applicable to all applicants for the same type of credit card account or residential real property loan2 7,b7 the terms and conditions applicable with respect to such account or residential real property loan1 and any credit extended to the examiner under such account or residential real property loan1 are no more favorable generally to the examiner than the terms and conditions that are generally applicable to credit card accounts or residential real property loans offered by the same financial institution to other borrowers or cardholders in comparable circumstances under open end consumer credit plans or for residential real property loans2 and 7,c7 with respect to residential real property loans1 the loan is with respect to the primary residence of the applicant4 #ajjc4 ,receipt of commissions or gifts for procuring loans 7a7 ,offense ,whoever-- 7#a7 corruptly gives1 offers1 or promises anything of value to any person1 with intent to influence or reward an officer1 director1 employee1 agent1 or attorney of a financial institution in connection with any business or transaction of such institution2 or 7#b7 as an officer1 director1 employee1 agent1 or attorney of a financial institution1 corruptly solicits or demands for the benefit of any person1 or corruptly accepts or agrees to accept1 anything of value from any person1 intending to be influenced or rewarded in connection with any business or transaction of such institution2 shall be imprisoned not more than #cj years1 but if the value of the thing given1 offered1 promised1 solicited1 demanded1 accepted1 or agreed to be accepted does not exceed #a1jjj1 shall be imprisoned not more than one year4 7b7 ,exclusion ,this section does not apply to bona fide salary1 wages1 fees1 or other compensation paid1 or expenses paid or reimbursed1 in the usual course of business4 7c7 ,guidelines ,federal agencies with responsibility for regulating a financial institution shall jointly establish such guidelines as are appropriate to assist an officer1 director1 employee1 agent1 or attorney of a financial institution to comply with this section4 ,such agencies shall make such guidelines available to the public4 #ajjd4 ,penalties and injunctions 7a7 ,criminal penalties ,the punishment for an offense under section #iic1 #iid1 #iie1 #iig1 #iih1 or #iii is the following3 7#a7 ,whoever engages in the conduct constituting the offense shall be imprisoned for not more than one year4 7#b7 ,whoever knowingly engages in the conduct constituting the offense shall be imprisoned for not more than five years4 7b7 ,civil action ,the ,attorney ,general may bring a civil action in the appropriate ,united ,states district court against any person who engages in conduct constituting an offense under section #iic1 #iid1 #iie1 #iig1 #iih1 or #iii and1 upon proof of such conduct by a preponderance of the evidence1 such person shall be subject to a civil penalty of not more than #ej1jjj for each violation or the amount of compensation which the person received or offered for the prohibited conduct1 whichever amount is greater4 ,the imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory1 common law1 or administrative remedy1 which is available by law to the ,united ,states or any other person4 7c7 ,court order ,if the ,attorney ,general has reason to believe that a person is engaging in conduct constituting an offense under section #iic1 #iid1 #iie1 #iig1 #iih1 or #iii1 the ,attorney ,general may petition an appropriate ,united ,states district court for an order prohibiting that person from engaging in such conduct4 ,the court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense4 ,the filing of a petition under this section does not preclude any other remedy which is available by law to the ,united ,states or any other person4 #ajje4 ,voiding transactions in violation of subchapter2 recovery by the ,united ,states ,in addition to any other remedies provided by law the ,president or1 under regulations prescribed by him1 the head of any department or agency involved1 may declare void and rescind any contract1 loan1 grant1 subsidy1 license1 right1 permit1 franchise1 use1 authority1 privilege1 benefit1 certificate1 ruling1 decision1 opinion1 or rate schedule awarded1 granted1 paid1 furnished1 or published1 or the performance of any service or transfer or delivery of any thing to1 by or for any agency of the ,united ,states or officer or employee of the ,united ,states or person acting on behalf thereof1 in relation to which there has been a final conviction for any violation of this subchapter1 and the ,united ,states shall be entitled to recover in addition to any penalty prescribed by law or in a contract the amount expended or the thing transferred or delivered on its behalf1 or the reasonable value thereof4 #ajjf4 ,officers and employees acting as agents of foreign principals 7a7 ,offense ,whoever1 being a public official1 is or acts as an agent of a foreign principal required to register under the ,foreign ,agents ,registration ,act of #aich or a lobbyist required to register under the ,lobbying ,disclosure ,act of #aiie in connection with the representation of a foreign entity1 as defined in section #c7f7 of that ,act shall be imprisoned for not more than two years4 7b7 ,exclusion ,nothing in this section applies to the employment of any agent of a foreign principal as a special ,government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest4 ,a copy of any certification under this paragraph shall be forwarded by the head of such agency to the ,attorney ,general who shall cause the same to be filed with the registration statement and other documents filed by such agent1 and made available for public inspection in accordance with section #f of the ,foreign ,agents ,registration ,act of #aich1 as amended4 7c7 ,definition ,as used in this section public official means ,member of ,congress1 ,delegate1 or ,resident ,commissioner1 either before or after he has qualified1 or an officer or employee or person acting for or on behalf of the ,united ,states1 or any department1 agency1 or branch of ,government thereof1 including the ,district of ,columbia1 in any official function1 under or by authority of any such department1 agency1 or branch of ,government4 #ajjg4 ,bribery in sporting contests 7a7 ,offense ,whoever knowingly engages in any scheme in or affecting interstate or foreign commerce to influence any sporting contest in any way by bribery1 shall be imprisoned not more than #e years4 7b7 ,definition ,as used in this section1 the term sporting contest means any contest in any sport1 between individual contestants or teams of contestants 7without regard to the amateur or professional status of the contestants therein71 the occurrence of which is publicly announced before its occurrence4 #ajjh4 ,continuing financial crimes enterprise 7a7 ,offense ,whoever-- 7#a7 organizes1 manages1 or supervises a continuing financial crimes enterprise2 and 7#b7 receives #e1jjj1jjj or more in gross receipts from such enterprise during any #bd-month period1 shall be imprisoned for a term of not less than #aj years1 or for life4 7b7 ,definition ,as used in subsection 7a71 the term continuing financial crimes enterprise means a series of violations under section #ajjc1 #fdd1 #fde1 #ggc1 #ggd1 #gge1 #ggi1 #ghi1 or #hjd1 or section #hja or #hjc affecting a financial institution1 committed by at least #d persons acting in concert4 ,b ,,claims ,,and ,,services ,,in ,,matters ,,affecting ,,government ,sec4 #ajag4 ,false1 fictitious1 or fraudulent claims4 #ajag4 ,false1 fictitious1 or fraudulent claims ,whoever makes or presents to any person or officer in the civil1 military1 or naval service of the ,united ,states1 or to any department or agency thereof1 any claim upon or against the ,united ,states1 or any department or agency thereof1 knowing such claim to be false1 fictitious1 or fraudulent1 shall be imprisoned not more than five years4 ,c ,,contempts ,sec4 #ajba4 ,power of court4 #ajbb4 ,contempts constituting crimes4 #ajba4 ,power of ,court ,a court of the ,united ,states shall have power to punish by fine or imprisonment1 or both1 at its discretion1 such contempt of its authority1 and none other1 as-- 7#a7 misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice2 7#b7 misbehavior of any of its officers in their official transactions2 or 7#c7 disobedience or resistance to its lawful writ1 process1 order1 rule1 decree1 or command4 #ajbb4 ,contempts constituting crimes 7a7 ,offense ,whoever disobeys any lawful writ1 process1 order1 rule1 decree1 or command of any district court of the ,united ,states or any court of the ,district of ,columbia1 by doing any act or thing therein1 or thereby forbidden1 if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the ,united ,states or under the laws of any ,state in which the act was committed1 shall be prosecuted for such contempt as provided in section #cfia and shall be imprisoned any term of years or for life4 7b7 ,payment of fine and limitations on fine and imprisonment ,such fine shall be paid to the ,united ,states or to the complainant or other party injured by the act constituting the contempt1 or may1 where more than one is so damaged1 be divided or apportioned among them as the court may direct1 but in no case shall the fine to be paid to the ,united ,states exceed1 in case the accused is a natural person1 the sum of #a1jjj1 nor shall such imprisonment exceed the term of six months4 7c7 ,applicability of section ,this section shall not be construed to relate to contempts committed in the presence of the court1 or so near thereto as to obstruct the administration of justice1 nor to contempts committed in disobedience of any lawful writ1 process1 order1 rule1 decree1 or command entered in any suit or action brought or prosecuted in the name of1 or on behalf of1 the ,united ,states1 but the same1 and all other cases of contempt not specifically embraced in this section may be punished in conformity to the prevailing usages at law4 ,d ,,elections ,,and ,,political ,,activities #ajca4 ,intimidation of voters4 #ajcb4 ,deprivation of employment or other benefit for political contribution4 #ajcc4 ,solicitation of political contributions4 #ajcd4 ,coercion of political activity4 #ajce4 ,voting by aliens4 #ajca4 ,intimidation of voters ,whoever intimidates1 threatens1 coerces1 or attempts to intimidate1 threaten1 or coerce1 any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose1 or of causing such other person to vote for1 or not to vote for1 any candidate for the office of ,president1 ,vice ,president1 ,presidential elector1 ,member of the ,senate1 ,member of the ,house of ,representatives1 ,delegate from the ,district of ,columbia1 or ,resident ,commissioner1 at any election held solely or in part for the purpose of electing such candidate1 shall be imprisoned not more than one year4 #ajcb4 ,deprivation of employment or other benefit for political contribution 7a7 ,offense ,whoever knowingly causes or attempts to cause any person to make a contribution of a thing of value 7including services7 for the benefit of any candidate or any political party1 by means of the denial or deprivation1 or the threat of the denial or deprivation1 of-- 7#a7 any employment1 position1 or work in or for any agency or other entity of the ,government of the ,united ,states1 a ,state1 or a political subdivision of a ,state1 or any compensation or benefit of such employment1 position1 or work2 or 7#b7 any payment or benefit of a program of the ,united ,states1 a ,state1 or a political subdivision of a ,state2 if such employment1 position1 work1 compensation1 payment1 or benefit is provided for or made possible in whole or in part by an ,act of ,congress1 shall be imprisoned not more than one year4 7b7 ,definitions ,as used in this section-- 7#a7 the term candidate means an individual who seeks nomination for election1 or election1 to ,federal1 ,state1 or local office1 whether or not such individual is elected1 and1 for purposes of this paragraph1 an individual shall be deemed to seek nomination for election1 or election1 to ,federal1 ,state1 or local office1 if he has 7,a7 taken the action necessary under the law of a ,state to qualify himself for nomination for election1 or election1 or 7,b7 received contributions or made expenditures1 or has given his consent for any other person to receive contributions or make expenditures1 with a view to bringing about his nomination for election1 or election1 to such office2 and 7#b7 the term election means 7,a7 a general1 special primary1 or runoff election1 7,b7 a convention or caucus of a political party held to nominate a candidate1 7,c7 a primary election held for the selection of delegates to a nominating convention of a political party1 7,d7 a primary election held for the expression of a preference for the nomination of persons for election to the office of ,president1 and 7,e7 the election of delegates to a constitutional convention for proposing amendments to the ,constitution of the ,united ,states or of any ,state4 #ajcc4 ,solicitation of political contributions 7a7 ,offense ,it shall be unlawful for-- 7#a7 a candidate for the ,congress2 7#b7 an individual elected to or serving in the office of ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress2 7#c7 an officer or employee of the ,united ,states or any department or agency thereof2 or 7#d7 a person receiving any salary or compensation for services from money derived from the ,treasury of the ,united ,states2 to knowingly solicit any contribution within the meaning of section #cja7h7 of the ,federal ,election ,campaign ,act of #aiga from any other such officer1 employee1 or person4 ,whoever violates this section shall be imprisoned not more than #c years4 7b7 ,exclusion ,the prohibition in subsection 7a7 do not apply to any activity of an employee 7as defined in section #gcbb7a7 of title #e7 or any individual employed in or under the ,united ,states ,postal ,service or the ,postal ,rate ,commission1 unless that activity is prohibited by section #gcbc or #gcbd of such title4 #ajcd4 ,coercion of political activity ,it shall be unlawful for any person to intimidate1 threaten1 command1 or coerce1 or attempt to intimidate1 threaten1 command1 or coerce1 any employee of the ,federal ,government as defined in section #gcbb7a7 of title #e1 to engage in1 or not to engage in1 any political activity1 including1 voting or refusing to vote for any candidate or measure in any election1 making or refusing to make any political contribution1 or working or refusing to work on behalf of any candidate4 ,whoever violates this section shall be imprisoned not more than three years4 #ajce4 ,voting by aliens 7a7 ,elements of offense ,it shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of ,president1 ,vice ,president1 ,presidential elector1 ,member of the ,senate1 ,member of the ,house of ,representatives1 ,delegate from the ,district of ,columbia1 or ,resident ,commissioner1 unless-- 7#a7 the election is held partly for some other purpose2 7#b7 aliens are authorized to vote for such other purpose under a ,state constitution or statute or a local ordinance2 and 7#c7 voting for such other purpose is conducted independently of voting for a candidate for such ,federal offices1 in such a manner that an alien has the opportunity to vote for such other purpose1 but not an opportunity to vote for a candidate for any one or more of such ,federal offices4 7b7 ,punishment ,whoever violates this section shall be imprisoned not more than one year4 7c7 ,exclusion ,subsection 7a7 does not apply to an alien if-- 7#a7 each natural parent of the alien 7or1 in the case of an adopted alien1 each adoptive parent of the alien7 is or was a citizen 7whether by birth or naturalization72 7#b7 the alien permanently resided in the ,united ,states prior to attaining the age of #af2 and 7#c7 the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the ,united ,states4 ,e ,,emblems1 ,,insignia1 ,,and ,,names #ajea4 ,desecration of the flag of the ,united ,states2 penalties4 #ajeb4 ,official badges1 identification cards1 other insignia4 #ajec4 ,uniform of ,armed ,forces and public health ,service4 #ajed4 ,military medals or decorations4 #ajee4 ,false advertising or misuse of names to indicate ,federal agency4 #ajef4 ,misuse of names1 words1 emblems1 or insignia4 #ajeg4 ,use of likenesses of the great seal of the ,united ,states1 the seals of the ,president and ,vice ,president1 the seal of the ,united ,states ,senate1 the seal of the ,united ,states ,house of ,representatives1 and the seal of the ,united ,states ,congress4 #ajeh4 ,public employee insignia and uniform4 #ajea4 ,desecration of the flag of the ,united ,states2 penalties 7a7 ,offense ,whoever knowingly mutilates1 defaces1 physically defiles1 burns1 maintains on the floor or ground1 or tramples upon any flag of the ,united ,states shall be imprisoned for not more than one year4 7b7 ,exclusions ,this subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled4 7c7 ,definition ,as used in this section1 the term flag of the ,united ,states means any flag of the ,united ,states1 or any part thereof1 made of any substance1 of any size1 in a form that is commonly displayed4 7d7 ,expedited appeal 7#a7 ,nature of claim ,an appeal may be taken directly to the ,supreme ,court of the ,united ,states from any interlocutory or final judgment1 decree1 or order issued by a ,united ,states district court ruling upon the constitutionality of subsection 7a74 7#b7 ,procedural expedition ,the ,supreme ,court shall1 if it has not previously ruled on the question1 accept jurisdiction over the appeal and advance on the docket and expedite to the greatest extent possible4 #ajeb4 ,official badges1 identification cards1 other insignia ,whoever manufactures1 sells1 or possesses any badge1 identification card1 or other insignia1 of the design prescribed by the head of any department or agency of the ,united ,states for use by any officer or employee thereof1 or any colorable imitation thereof1 or photographs1 prints1 or in any other manner makes or executes any engraving1 photograph1 print1 or impression in the likeness of any such badge1 identification card1 or other insignia1 or any colorable imitation thereof1 except as authorized under regulations made pursuant to law1 shall be imprisoned not more than six months4 #ajec4 ,uniform of ,armed ,forces and ,public ,health ,service ,whoever1 in any place within the jurisdiction of the ,united ,states or in the ,canal ,zone1 without authority1 wears the uniform or a distinctive part thereof or anything similar to a distinctive part of the uniform of any of the ,armed ,forces of the ,united ,states1 ,public ,health ,service or any auxiliary of such1 shall be imprisoned not more than six months4 #ajed4 ,military medals or decorations 7a7 ,in general ,whoever knowingly wears1 purchases1 attempts to purchase1 solicits for purchase1 mails1 ships1 imports1 exports1 produces blank certificates of receipt for1 manufactures1 sells1 attempts to sell1 advertises for sale1 trades1 barters1 or exchanges for anything of value any decoration or medal authorized by ,congress for the ,armed ,forces of the ,united ,states1 or any of the service medals or badges awarded to the members of such forces1 or the ribbon1 button1 or rosette of any such badge1 decoration or medal1 or any colorable imitation thereof1 except when authorized under regulations made pursuant to law1 shall be imprisoned not more than six months4 7b7 ,false claim about receipt of military decorations or medals ,whoever falsely represents himself or herself1 verbally or in writing1 to have been awarded any decoration or medal authorized by ,congress for the ,armed ,forces of the ,united ,states1 any of the service medals or badges awarded to the members of such forces1 the ribbon1 button1 or rosette of any such badge1 decoration1 or medal1 or any colorable imitation of such item shall be imprisoned not more than six months4 7c7 ,enhanced penalty for offenses involving ,congressional ,medal of ,honor 7#a7 ,in general ,if a decoration or medal involved in an offense under subsection 7a7 or 7b7 is a ,congressional ,medal of ,honor1 in lieu of the punishment provided in that subsection1 the offender shall be imprisoned not more than #a year4 7#b7 ,congressional medal of honor defined ,in this subsection1 the term ,congressional ,medal of ,honor means-- 7,a7 a medal of honor awarded under section #cgda1 #fbda1 or #hgda of title #aj or section #dia of title #ad2 7,b7 a duplicate medal of honor issued under section #cged1 #fbef1 or #hged of title #aj or section #ejd of title #ad2 or 7,c7 a replacement of a medal of honor provided under section #cgdg1 #fbec1 or #hgdg of title #aj or section #eja of title #ad4 7d7 ,enhanced penalty for offenses involving certain other medals ,if a decoration or medal involved in an offense described in subsection 7a7 or 7b7 is a distinguished-service cross awarded under section #cgdb of title #aj1 a ,navy cross awarded under section #fbdb of title #aj1 an ,air ,force cross awarded under section #hgdb of section #aj1 a silver star awarded under section #cgdf1 #fbdd1 or #hgdf of title #aj1 a ,purple ,heart awarded under section #aabi of title #aj1 or any replacement or duplicate medal for such medal as authorized by law1 in lieu of the punishment provided in the applicable subsection1 the offender shall be imprisoned not more than #a year4 #ajee4 ,false advertising or misuse of names to indicate ,federal agency 7a7 ,offense ,whoever-- 7#a7 except as permitted by the laws of the ,united ,states1 uses the words national1 ,federal1 ,united ,states1 reserve1 or ,deposit ,insurance as part of the business or firm name of a person1 corporation1 partnership1 business trust1 association or other business entity engaged in the banking1 loan1 building and loan1 brokerage1 factorage1 insurance1 indemnity1 savings or trust business2 7#b7 falsely advertises or represents1 or publishes or displays any sign1 symbol or advertisement reasonably calculated to convey the impression that a nonmember bank1 banking association1 firm or partnership is a member of the ,federal reserve system2 7#c7 except as expressly authorized by ,federal law1 uses the words ,federal ,deposit1 ,federal ,deposit ,insurance1 or ,federal ,deposit ,insurance ,corporation or a combination of any three of these words1 as the name or a part thereof under which he or it does business1 or advertises or otherwise represents falsely by any device whatsoever that his or its deposit liabilities1 obligations1 certificates1 or shares are insured or guaranteed by the ,federal ,deposit ,insurance ,corporation1 or by the ,united ,states or by any instrumentality thereof1 or whoever advertises that his or its deposits1 shares1 or accounts are federally insured1 or falsely advertises or otherwise represents by any device whatsoever the extent to which or the manner in which the deposit liabilities of an insured bank or banks are insured by the ,federal ,deposit ,insurance ,corporation2 7#d7 other than a bona fide organization or association of ,federal or ,state credit unions or except as permitted by the laws of the ,united ,states1 uses as a firm or business name or transacts business using the words ,national ,credit ,union1 ,national ,credit ,union ,administration1 ,national ,credit ,union ,board1 ,national ,credit ,union ,share ,insurance ,fund1 ,share ,insurance1 or ,central ,liquidity ,facility1 or the letters ,,ncua1 ,,ncusif1 or ,,clf1 or any other combination or variation of those words or letters alone or with other words or letters1 or any device or symbol or other means1 reasonably calculated to convey the false impression that such name or business has some connection with1 or authorization from1 the ,national ,credit ,union ,administration1 the ,government of the ,united ,states1 or any agency thereof1 which does not in fact exist1 or falsely advertises or otherwise represents by any device whatsoever that his or its business1 product1 or service has been in any way endorsed1 authorized1 or approved by the ,national ,credit ,union ,administration1 the ,government of the ,united ,states1 or any agency thereof1 or falsely advertises or otherwise represents by any device whatsoever that his or its deposit liabilities1 obligations1 certificates1 shares1 or accounts are insured under the ,federal ,credit ,union ,act or by the ,united ,states or any instrumentality thereof1 or being an insured credit union as defined in that ,act falsely advertises or otherwise represents by any device whatsoever the extent to which or the manner in which share holdings in such credit union are insured under such ,act2 7#e7 not being organized under the ,farm ,credit ,act of #aiga1 advertises or represents that it makes ,federal ,farm loans or advertises or offers for sale as ,federal ,farm loan bonds any bond not issued under the ,farm ,credit ,act of #aiga1 or uses the word ,federal or the words ,united ,states or any other words implying ,government ownership1 obligation or supervision in advertising or offering for sale any bond1 note1 mortgage or other security not issued by the ,government of the ,united ,states under the ,farm ,credit ,act of #aiga2 7#f7 uses the words ,federal ,home ,loan ,bank or any combination or variation of these words alone or with other words as a business name or part of a business name1 or falsely publishes1 advertises or represents by any device or symbol or other means reasonably calculated to convey the impression that he or it is a ,federal ,home ,loan ,bank or member of or subscriber for the stock of a ,federal ,home ,loan ,bank2 7#g7 uses the words ,federal intermediate credit bank as part of the business or firm name for any person1 corporation1 partnership1 business trust1 association or other business entity not organized as an intermediate credit bank under the laws of the ,united ,states2 7#h7 uses as a firm or business name the words ,department of ,housing and ,urban ,development1 ,housing and ,home ,finance ,agency1 ,federal ,housing ,administration1 ,government ,national ,mortgage ,association1 ,united ,states ,housing ,authority1 or ,public ,housing ,administration or the letters ,,hud1 ,,fha1 ,,pha1 or ,,usha1 or any combination or variation of those words or the letters ,,hud1 ,,fha1 ,,pha1 or ,,usha alone or with other words or letters reasonably calculated to convey the false impression that such name or business has some connection with1 or authorization from1 the ,department of ,housing and ,urban ,development1 the ,housing and ,home ,finance ,agency1 the ,federal ,housing ,administration1 the ,government ,national ,mortgage ,association1 the ,united ,states ,housing ,authority1 the ,public ,housing ,administration1 the ,government of the ,united ,states1 or any agency thereof1 which does not in fact exist1 or falsely claims that any repair1 improvement1 or alteration of any existing structure is required or recommended by the ,department of ,housing and ,urban ,development1 the ,housing and ,home ,finance ,agency1 the ,federal ,housing ,administration1 the ,government ,national ,mortgage ,association1 the ,united ,states ,housing ,authority1 the ,public ,housing ,administration1 the ,government of the ,united ,states1 or any agency thereof1 for the purpose of inducing any person to enter into a contract for the making of such repairs1 alterations1 or improvements1 or falsely advertises or falsely represents by any device whatsoever that any housing unit1 project1 business1 or product has been in any way endorsed1 authorized1 inspected1 appraised1 or approved by the ,department of ,housing and ,urban ,development1 the ,housing and ,home ,finance ,agency1 the ,federal ,housing ,administration1 the ,government ,national ,mortgage ,association1 the ,united ,states ,housing ,authority1 the ,public ,housing ,administration1 the ,government of the ,united ,states1 or any agency thereof2 7#i7 except with the written permission of the ,director of the ,federal ,bureau of ,investigation1 knowingly uses the words ,federal ,bureau of ,investigation or the initials ,f4,b4,i41 or any colorable imitation of such words or initials1 in connection with any advertisement1 circular1 book1 pamphlet or other publication1 play1 motion picture1 broadcast1 telecast1 or other production1 in a manner reasonably calculated to convey the impression that such advertisement1 circular1 book1 pamphlet or other publication1 play1 motion picture1 broadcast1 telecast1 or other production1 is approved1 endorsed1 or authorized by the ,federal ,bureau of ,investigation2 7#aj7 except with written permission of the ,director of the ,united ,states ,secret ,service1 knowingly uses the words ,secret ,service1 ,secret ,service ,uniformed ,division1 the initials ,u4,s4,s4,s41 ,u4,d41 or any colorable imitation of such words or initials1 in connection with1 or as a part of any advertisement1 circular1 book1 pamphlet or other publication1 play1 motion picture1 broadcast1 telecast1 other production1 product1 or item1 in a manner reasonably calculated to convey the impression that such advertisement1 circular1 book1 pamphlet or other publication1 product1 or item1 is approved1 endorsed1 or authorized by or associated in any manner with1 the ,united ,states ,secret ,service1 or the ,united ,states ,secret ,service ,uniformed ,division2 7#aa7 except with the written permission of the ,director of the ,united ,states ,mint1 knowingly uses the words ,united ,states ,mint or ,u4,s4 ,mint or any colorable imitation of such words1 in connection with any advertisement1 circular1 book1 pamphlet1 or other publication1 play1 motion picture1 broadcast1 telecast1 or other production1 in a manner reasonably calculated to convey the impression that such advertisement1 circular1 book1 pamphlet1 or other publication1 play1 motion picture1 broadcast1 telecast1 or other production1 is approved1 endorsed1 or authorized by or associated in any manner with1 the ,united ,states ,mint2 7#ab7 uses the words ,overseas ,private ,investment1 ,overseas ,private ,investment ,corporation1 or ,,opic1 as part of the business or firm name of a person1 corporation1 partnership1 business trust1 association1 or business entity2 7#ac7 except with the written permission of the ,administrator of the ,drug ,enforcement ,administration1 knowingly uses the words ,drug ,enforcement ,administration or the initials ,,dea or any colorable imitation of such words or initials1 in connection with any advertisement1 circular1 book1 pamphlet1 software or other publication1 play1 motion picture1 broadcast1 telecast1 or other production1 in a manner reasonably calculated to convey the impression that such advertisement1 circular1 book1 pamphlet1 software or other publication1 play1 motion picture1 broadcast1 telecast1 or other production is approved1 endorsed1 or authorized by the ,drug ,enforcement ,administration2 or 7#ad7 except with the written permission of the ,director of the ,united ,states ,marshals ,service1 knowingly uses the words ,united ,states ,marshals ,service1 ,u4,s4 ,marshals ,service1 ,united ,states ,marshal1 ,u4,s4 ,marshal1 ,u4,s4,m4,s41 or any colorable imitation of any such words1 or the likeness of a ,united ,states ,marshals ,service badge1 logo1 or insignia on any item of apparel1 in connection with any advertisement1 circular1 book1 pamphlet1 software1 or other publication1 or any play1 motion picture1 broadcast1 telecast1 or other production1 in a manner that is reasonably calculated to convey the impression that the wearer of the item of apparel is acting pursuant to the legal authority of the ,united ,states ,marshals ,service1 or to convey the impression that such advertisement1 circular1 book1 pamphlet1 software1 or other publication1 or such play1 motion picture1 broadcast1 telecast1 or other production1 is approved1 endorsed1 or authorized by the ,united ,states ,marshals ,service2 shall be imprisoned not more than one year4 7b7 ,exclusions 7#a7 ,lawful before enactment ,this section does not make unlawful the use of any name or title which was lawful on ,june #be1 #aidh4 7#b7 ,insurance ,this section does not make unlawful the use of the word national as part of the name of any business or firm engaged in the insurance or indemnity business1 whether such firm was engaged in the insurance or indemnity business prior or subsequent to the date of enactment of this paragraph4 7c7 ,enjoining of violation ,a violation of this section may be enjoined at the suit of the ,united ,states ,attorney1 upon complaint by any duly authorized representative of any department or agency of the ,united ,states4 #ajef4 ,misuse of names1 words1 emblems1 or insignia ,whoever1 in the course of collecting or aiding in the collection of private debts or obligations1 or being engaged in furnishing private police1 investigation1 or other private detective services1 uses or employs in any communication1 correspondence1 notice1 advertisement1 or circular the words national1 ,federal1 or ,united ,states1 the initials ,u4,s41 or any emblem1 insignia1 or name1 for the purpose of conveying and in a manner reasonably calculated to convey the false impression that such communication is from a department1 agency1 bureau1 or instrumentality of the ,united ,states or in any manner represents the ,united ,states1 shall be imprisoned not more than one year4 #ajeg4 ,use of likenesses of the great seal of the ,united ,states1 the seals of the ,president and ,vice ,president1 the seal of the ,united ,states ,senate1 the seal of the ,united ,states ,house of ,representatives1 and the seal of the ,united ,states ,congress 7a7 ,display ,whoever knowingly displays any printed or other likeness of the great seal of the ,united ,states1 or of the seals of the ,president or the ,vice ,president of the ,united ,states1 or the seal of the ,united ,states ,senate1 or the seal of the ,united ,states ,house of ,representatives1 or the seal of the ,united ,states ,congress1 or any facsimile thereof1 in1 or in connection with1 any advertisement1 poster1 circular1 book1 pamphlet1 or other publication1 public meeting1 play1 motion picture1 telecast1 or other production1 or on any building1 monument1 or stationery1 for the purpose of conveying1 or in a manner reasonably calculated to convey1 a false impression of sponsorship or approval by the ,government of the ,united ,states or by any department1 agency1 or instrumentality thereof1 shall be imprisoned not more than six months4 7b7 ,likeness on articles ,whoever1 except as authorized under regulations promulgated by the ,president and published in the ,federal ,register1 knowingly manufactures1 reproduces1 sells1 or purchases for resale1 either separately or appended to any article manufactured or sold1 any likeness of the seals of the ,president or ,vice ,president1 or any substantial part thereof1 except for manufacture or sale of the article for the official use of the ,government of the ,united ,states1 shall be imprisoned not more than six months4 7c7 ,seal of the ,united ,states ,whoever1 except as directed by the ,united ,states ,senate1 or the ,secretary of the ,senate on its behalf1 knowingly uses1 manufactures1 reproduces1 sells or purchases for resale1 either separately or appended to any article manufactured or sold1 any likeness of the seal of the ,united ,states ,senate1 or any substantial part thereof1 except for manufacture or sale of the article for the official use of the ,government of the ,united ,states1 shall be imprisoned not more than six months4 7d7 ,seal of ,united ,states ,house of ,representatives ,whoever1 except as directed by the ,united ,states ,house of ,representatives1 or the ,clerk of the ,house of ,representatives on its behalf1 knowingly uses1 manufactures1 reproduces1 sells or purchases for resale1 either separately or appended to any article manufactured or sold1 any likeness of the seal of the ,united ,states ,house of ,representatives1 or any substantial part thereof1 except for manufacture or sale of the article for the official use of the ,government of the ,united ,states1 shall be imprisoned not more than six months4 7e7 ,seal of ,congress ,whoever1 except as directed by the ,united ,states ,congress1 or the ,secretary of the ,senate and the ,clerk of the ,house of ,representatives1 acting jointly on its behalf1 knowingly uses1 manufactures1 reproduces1 sells or purchases for resale1 either separately or appended to any article manufactured or sold1 any likeness of the seal of the ,united ,states ,congress1 or any substantial part thereof1 except for manufacture or sale of the article for the official use of the ,government of the ,united ,states1 shall be imprisoned not more than six months4 7f7 ,violation may be enjoined ,a violation of this section may be enjoined at the suit of the ,attorney ,general-- 7#a7 in the case of the great seal of the ,united ,states and the seals of the ,president and ,vice ,president1 upon complaint by any authorized representative of any department or agency of the ,united ,states2 7#b7 in the case of the seal of the ,united ,states ,senate1 upon complaint by the ,secretary of the ,senate2 7#c7 in the case of the seal of the ,united ,states ,house of ,representatives1 upon complaint by the ,clerk of the ,house of ,representatives2 and 7#d7 in the case of the seal of the ,united ,states ,congress1 upon complaint by the ,secretary of the ,senate and the ,clerk of the ,house of ,representatives1 acting jointly4 #ajeh4 ,public employee insignia and uniform 7a7 ,offense ,whoever-- 7#a7 knowingly transfers1 transports1 or receives1 in interstate or foreign commerce1 a counterfeit official insignia or uniform2 7#b7 knowingly transfers1 in interstate or foreign commerce1 a genuine official insignia or uniform to an individual1 knowing that such individual is not authorized to possess it under the law of the place in which the badge is the official insignia or uniform2 7#c7 knowingly receives a genuine official insignia or uniform in a transfer prohibited by paragraph 7#b72 or 7#d7 being a person not authorized to possess a genuine official insignia or uniform under the law of the place in which the badge is the official insignia or uniform1 knowingly transports that badge in interstate or foreign commerce1 shall be imprisoned not more than #f months4 7b7 ,defense for certain uses ,it is a defense to a prosecution under this section that the insignia or uniform is other than a counterfeit insignia or uniform and is not used to mislead or deceive1 or is used or is intended to be used exclusively-- 7#a7 as a memento1 or in a collection or exhibit2 7#b7 for decorative purposes2 7#c7 for a dramatic presentation1 such as a theatrical1 film1 or television production2 or 7#d7 for any other recreational purpose4 7c7 ,defense for certain other uses ,it is a defense to a prosecution under this section that the official insignia or uniform is not used or intended to be used to mislead or deceive1 or is a counterfeit insignia or uniform and is used or is intended to be used exclusively-- 7#a7 for a dramatic presentation1 such as a theatrical1 film1 or television production2 or 7#b7 for legitimate law enforcement purposes4 7d7 ,definitions ,as used in this section-- 7#a7 the term genuine police badge means an official badge issued by public authority to identify an individual as a law enforcement officer having police powers2 7#b7 the term counterfeit police badge means an item that so resembles a police badge that it would deceive an ordinary individual into believing it was a genuine police badge2 and 7#c7 the term official insignia or uniform means an article of distinctive clothing or insignia1 including a badge1 emblem or identification card1 that is an indicium of the authority of a public employee2 7#d7 the term public employee means any officer or employee of the ,federal ,government or of a ,state or local government2 and 7#e7 the term uniform means distinctive clothing or other items of dress1 whether real or counterfeit1 worn during the performance of official duties and which identifies the wearer as a public agency employee4 ,f ,,escape ,,and ,,rescue #ajga4 ,prisoners in custody of institution or officer4 #ajgb4 ,instigating or assisting escape4 #ajgc4 ,officer permitting escape4 #ajgd4 ,high speed flight from immigration checkpoint4 #ajge4 ,escape from hospitalization4 #ajga4 ,prisoners in custody of institution or officer 7a7 ,adults ,whoever escapes or attempts to escape from the custody of the ,attorney ,general or his authorized representative1 or from any institution or facility in which he is confined by direction of the ,attorney ,general1 or from any custody under or by virtue of any process issued under the laws of the ,united ,states by any court1 judge1 or magistrate judge1 or from the custody of an officer or employee of the ,united ,states pursuant to lawful arrest1 shall1 if the custody or confinement is by virtue of an arrest on a charge of felony1 or conviction of any offense1 be imprisoned not more than five years2 or if the custody or confinement is for extradition1 or for exclusion or expulsion proceedings under the immigration laws1 or by virtue of an arrest or charge of or for a misdemeanor1 and prior to conviction1 be imprisoned not more than one year4 7b7 ,juveniles ,whoever escapes or attempts to escape from the custody of the ,attorney ,general or his authorized representative1 or from any institution or facility in which he is confined by direction of the ,attorney ,general1 or from any custody under or by virtue of any process issued under the laws of the ,united ,states by any court1 judge1 or magistrate judge1 or from the custody of an officer or employee of the ,united ,states pursuant to lawful arrest1 shall1 if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the ,united ,states not punishable by death or life imprisonment and committed before such person's eighteenth birthday1 and as to whom the ,attorney ,general has not specifically directed the institution of criminal proceedings1 or by virtue of a commitment as a juvenile delinquent under section #ejcd1 be imprisoned not more than one year4 ,nothing in this section affects the discretionary authority vested in the ,attorney ,general pursuant to section #ejcb4 #ajgb4 ,instigating or assisting escape 7a7 ,adults ,whoever rescues or attempts to rescue or instigates1 aids or assists the escape1 or attempt to escape1 of any person arrested upon a warrant or other process issued under any law of the ,united ,states1 or committed to the custody of the ,attorney ,general or to any institution or facility by his direction1 shall1 if the custody or confinement is by virtue of an arrest on a charge of felony1 or conviction of any offense1 be imprisoned not more than five years2 or1 if the custody or confinement is for extradition1 or for exclusion or expulsion proceedings under the immigration laws1 or by virtue of an arrest or charge of or for a misdemeanor1 and prior to conviction1 be imprisoned not more than one year4 7b7 ,juveniles ,whoever rescues or attempts to rescue or instigates1 aids1 or assists the escape or attempted escape of any person in the custody of the ,attorney ,general or his authorized representative1 or of any person arrested upon a warrant or other process issued under any law of the ,united ,states or from any institution or facility in which he is confined by direction of the ,attorney ,general1 shall1 if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the ,united ,states not punishable by death or life imprisonment and committed before such person's eighteenth birthday1 and as to whom the ,attorney ,general has not specifically directed the institution of criminal proceedings1 or by virtue of a commitment as a juvenile delinquent under section #ejcd1 be imprisoned not more than one year4 #ajgc4 ,officer permitting escape ,whoever1 having in his custody any prisoner by virtue of process issued under the laws of the ,united ,states by any court1 judge1 or magistrate judge1 voluntarily suffers such prisoner to escape1 shall be imprisoned not more than #e years2 or if he negligently suffers such person to escape1 he shall be imprisoned not more than one year4 #ajgd4 ,high speed flight from immigration checkpoint ,whoever flees or evades a checkpoint operated by the ,immigration and ,naturalization ,service1 or any other ,federal law enforcement agency1 in a motor vehicle and flees ,federal1 ,state1 or local law enforcement agents in excess of the legal speed limit shall be imprisoned not more than five years4 #ajge4 ,escape from hospitalization ,whoever escapes or attempts to escape from the custody of any facility or from any place in which or to which he is confined pursuant to this section #ahbf of title #bh or section #dbdc of this title1 or whoever rescues or attempts to rescue or instigates1 aids1 or assists the escape or attempt to escape of such a person1 shall be imprisoned not more than three years4 ,g ,,false ,,personation #ajia4 ,citizen of the ,united ,states4 #ajib4 ,officer or employee of the ,united ,states4 #ajic4 ,impersonator making arrest or search4 #ajia4 ,citizen of the ,united ,states ,whoever falsely represents oneself to be a citizen of the ,united ,states shall be imprisoned not more than three years4 #ajib4 ,officer or employee of the ,united ,states ,whoever falsely assumes or pretends to be an officer or employee acting under the authority of the ,united ,states or any department1 agency or officer thereof1 and acts as such1 or in such pretended character demands or obtains any money1 paper1 document1 or thing of value1 shall be imprisoned not more than three years4 #ajic4 ,impersonator making arrest or search ,whoever falsely represents oneself to be an officer1 agent1 or employee of the ,united ,states1 and in such assumed character arrests or detains any person or in any manner searches the person1 buildings1 or other property of any person1 shall be imprisoned not more than three years4 ,h ,,fugitives ,,from ,,justice #aaja4 ,concealing person from arrest4 #aajb4 ,concealing escaped prisoner4 #aajc4 ,flight to avoid prosecution or giving testimony4 #aajd4 ,flight to avoid prosecution for damaging or destroying any building or other real or personal property4 #aaja4 ,concealing person from arrest ,whoever harbors or conceals any person for whose arrest a warrant or process has been issued under any law of the ,united ,states1 so as to prevent his discovery and arrest1 after notice or knowledge of the fact that a warrant or process has been issued for the apprehension of such person1 shall be imprisoned not more than one year2 except that if the warrant or process issued on a charge of felony1 or after conviction of such person of any offense1 the punishment shall be a fine under this title1 or imprisonment for not more than five years1 or both4 #aajb4 ,concealing escaped prisoner ,whoever harbors or conceals any prisoner after that prisoner's escape from the custody of the ,attorney ,general or from a ,federal penal or correctional institution1 shall be imprisoned not more than three years4 #aajc4 ,flight to avoid prosecution or giving testimony 7a7 ,offense ,whoever moves or travels in interstate or foreign commerce with intent-- 7#a7 to avoid prosecution1 or custody or confinement after conviction1 under the laws of the place from which he flees1 for a crime1 or an attempt to commit a crime1 punishable by death or which is a felony under the laws of the place from which the fugitive flees2 7#b7 to avoid giving testimony in any criminal proceedings in such place in which the commission of an offense punishable by death or which is a felony under the laws of such place1 is charged2 or 7#c7 to avoid service of1 or contempt proceedings for alleged disobedience of1 lawful process requiring attendance and the giving of testimony or the production of documentary evidence before an agency of a ,state empowered by the law of such ,state to conduct investigations of alleged criminal activities2 shall be imprisoned not more than five years4 7b7 ,special venue and approval required ,violations of this section may be prosecuted only in the ,federal judicial district in which the original crime was alleged to have been committed1 or in which the person was held in custody or confinement1 or in which an avoidance of service of process or a contempt referred to in subsection 7a77#c7 is alleged to have been committed1 and only upon formal approval in writing by the ,attorney ,general1 the ,deputy ,attorney ,general1 the ,associate ,attorney ,general1 or an ,assistant ,attorney ,general of the ,united ,states1 which function of approving prosecutions may not be delegated4 #aajd4 ,flight to avoid prosecution for damaging or destroying any building or other real or personal property 7a7 ,offense ,whoever moves or travels in interstate or foreign commerce with intent-- 7#a7 to avoid prosecution1 or custody1 or confinement after conviction1 under the laws of the place from which he flees1 for attempting to or damaging or destroying by fire or explosive any building1 structure1 facility1 vehicle1 dwelling house1 synagogue1 church1 religious center or educational institution1 public or private2 or 7#b7 to avoid giving testimony in any criminal proceeding relating to any such offense2 shall be imprisoned not more than five years4 7b7 ,venue ,violations of this section may be prosecuted in the ,federal judicial district in which the original crime was alleged to have been committed or in which the person was held in custody or confinement4 7c7 ,rule of construction ,this section shall not be construed as indicating an intent on the part of ,congress to prevent the exercise by a ,state of any jurisdiction over any offense over which that ,state would have jurisdiction in the absence of such section4 ,i ,,obstruction ,,of ,,justice #aaca4 ,assault on process server4 #aacb4 ,influencing or injuring officer or juror generally4 #aacc4 ,obstruction of proceedings before departments1 agencies1 and committees4 #aacd4 ,obstruction of ,court orders4 #aace4 ,obstruction of criminal investigations4 #aacf4 ,obstruction of ,state or local law enforcement with regard to illegal gambling business4 #aacg4 ,tampering with a witness1 victim1 or an informant4 #aach4 ,retaliating against a witness1 victim1 or an informant4 #aaci4 ,civil action to restrain harassment of a victim or witness4 #aadj4 ,civil action to protect against retaliation in fraud cases4 #aada4 ,definitions for certain provisions2 general provision4 #aadb4 ,destruction of corporate audit records4 #aaca4 ,assault on process server ,whoever-- 7#a7 knowingly obstructs1 resists1 or opposes any officer of the ,united ,states1 or other person duly authorized1 in serving1 or attempting to serve or execute1 any legal or judicial writ or process of any court of the ,united ,states1 or ,united ,states magistrate judge2 or 7#b7 assaults1 beats1 or wounds any officer or other person duly authorized1 knowing him to be such officer1 or other person so duly authorized1 in serving or executing any such writ1 rule1 order1 process1 warrant1 or other legal or judicial writ or process2 shall1 except as otherwise provided by law1 be imprisoned not more than one year4 #aacb4 ,influencing or injuring officer or juror generally 7a7 ,elements of the offense ,whoever corruptly1 or by threats or force1 or by any threatening letter or communication1 endeavors to influence1 intimidate1 or impede any grand or petit juror1 or officer in or of any court of the ,united ,states1 or officer who may be serving at any examination or other proceeding before any ,united ,states magistrate judge or other committing magistrate1 in the discharge of duty1 or injures any such grand or petit juror in his or her person or property on account of any verdict or indictment assented to by him or her1 or on account of being or having been such juror1 or injures any such officer1 magistrate judge1 or other committing magistrate in his or her person or property on account of the performance of his official duties1 or corruptly or by threats or force1 or by any threatening letter or communication1 influences1 obstructs1 or impedes1 or endeavors to influence1 obstruct1 or impede1 the due administration of justice1 shall be punished as provided in subsection 7b74 ,if the offense under this section occurs in connection with a trial of a criminal case1 and the act in violation of this section involves the threat of physical force or physical force1 the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case4 7b7 ,punishment ,the punishment for an offense under this section is-- 7#a7 in the case of a killing1 the punishment provided in sections #ajc and #ajd2 7#b7 in the case of an attempted killing1 or a case in which the offense was committed against a petit juror and1 imprisonment for not more than #bj years2 and 7#c7 in any other case1 imprisonment for not more than #aj years4 #aacc4 ,obstruction of proceedings before departments1 agencies1 and committees ,whoever-- 7#a7 with intent to avoid1 evade1 prevent1 or obstruct compliance1 in whole or in part1 with any civil investigative demand duly and properly made under the ,antitrust ,civil ,process ,act1 knowingly withholds1 misrepresents1 removes from any place1 conceals1 covers up1 destroys1 mutilates1 alters1 or by other means falsifies any documentary material1 answers to written interrogatories1 or oral testimony1 which is the subject of such demand2 or attempts to do so or solicits another to do so2 or 7#b7 corruptly1 or by threats or force1 or by any threatening letter or communication influences1 obstructs1 or impedes the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the ,united ,states1 or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either ,house1 or any committee of either ,house or any joint committee of the ,congress2 shall be imprisoned not more than #e years or1 if the offense involves international or domestic terrorism 7as defined in section #bhc71 imprisoned not more than #h years4 #aacd4 ,obstruction of ,court orders 7a7 ,offense ,whoever1 by threats or force1 knowingly prevents1 obstructs1 impedes1 or interferes with the due exercise of rights or the performance of duties under any order1 judgment1 or decree of a court of the ,united ,states1 shall be imprisoned not more than one year4 7b7 ,injunctive and other relief available ,no injunctive or other civil relief against the conduct made criminal by this section shall be denied on the ground that such conduct is a crime4 #aace4 ,obstruction of criminal investigations 7a7 ,in general ,whoever knowingly attempts by means of bribery to obstruct1 delay1 or prevent the communication of information relating to a violation of any criminal statute of the ,united ,states by any person to a criminal investigator shall be imprisoned not more than five years4 7b7 ,financial institutions 7#a7 ,whoever1 being an officer of a financial institution1 with the intent to obstruct a judicial proceeding1 notifies any other person about the existence or contents of a subpoena for records of that financial institution1 or information that has been furnished in response to that subpoena1 shall be imprisoned not more than #e years4 7#b7 ,whoever1 being an officer of a financial institution notifies-- 7,a7 a customer of that financial institution whose records are sought by a subpoena for records2 or 7,b7 any other person named in that subpoena2 about the existence or contents of that subpoena or information that has been furnished in response to that subpoena1 shall be imprisoned not more than one year4 7#c7 ,as used in this subsection-- 7,a7 the term an officer of a financial institution means an officer1 director1 partner1 employee1 agent1 or attorney of or for a financial institution2 and 7,b7 the term subpoena for records means a ,federal grand jury subpoena or a ,department of ,justice subpoena 7issued under section #cdhf of title #ah71 for customer records that has been served relating to a violation of1 or a conspiracy to violate-- 7i7 section #ajjc1 #fdd1 #fde1 #ggc1 #ggd1 #gge1 #ggi1 #hjd1 #adea1 #adeb1 or chapter #ec of title #ca2 or 7ii7 section #hja or #hjc affecting a financial institution4 7c7 ,definition ,as used in this section1 the term criminal investigator means any individual duly authorized by a department1 agency1 or armed force of the ,united ,states to conduct or engage in investigations of or prosecutions for violations of the criminal laws of the ,united ,states4 7d7 ,insurance 7#a7 ,whoever-- 7,a7 acting as1 or being1 an officer1 director1 agent or employee of a person engaged in the business of insurance whose activities affect interstate commerce1 or 7,b7 is engaged in the business of insurance whose activities affect interstate commerce or is involved 7other than as an insured or beneficiary under a policy of insurance7 in a transaction relating to the conduct of affairs of such a business1 with intent to obstruct a judicial proceeding1 notifies any other person about the existence or contents of a subpoena for records of that person engaged in such business or information that has been furnished to a ,federal grand jury in response to that subpoena1 shall be imprisoned not more than #e years4 7#b7 ,as used in paragraph 7#a71 the term subpoena for records means a ,federal grand jury subpoena for records that has been served relating to a violation of1 or a conspiracy to violate1 section #gij4 7e7 ,whoever1 having been notified of the applicable disclosure prohibitions or confidentiality requirements of section #cabj;,g7c77#a7 of this title1 section #fbf7;d77#a7 or #fbg7;c77#a7 of the ,fair ,credit ,reporting ,act1 section #aaad7;a77#c77;,a7 or #aaad7;a77#e77;,d77i7 of the ,right to ,financial ,privacy ,act of #aigh1 or section #hjb7;b77#a7 of the ,national ,security ,act of #aidg1 knowingly and with the intent to obstruct an investigation or judicial proceeding violates such prohibitions or requirements applicable by law to such person shall be imprisoned for not more than five years4 #aacf4 ,obstruction of ,state or local law enforcement with regard to illegal gambling business 7a7 ,elements of the offense ,it shall be unlawful for two or more persons to conspire to obstruct the enforcement of the criminal laws of a ,state or political subdivision thereof1 with the intent to facilitate an illegal gambling business if-- 7#a7 one or more of such persons does any act to effect the object of such a conspiracy2 7#b7 one or more of such persons is an official or employee1 elected1 appointed1 or otherwise1 of such ,state or political subdivision2 and 7#c7 one or more of such persons conducts finances1 manages1 supervises1 directs1 or owns all or part of an illegal gambling business4 7b7 ,definitions ,as used in this section-- 7#a7 the term illegal gambling business means a gambling business which-- 7,a7 is a violation of the law of a ,state or political subdivision in which it is conducted2 7,b7 involves five or more persons who conduct1 finance1 manage1 supervise1 direct1 or own all or part of such business2 and 7,c7 has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of #b1jjj in any single day2 and 7#b7 the term gambling includes pool-selling1 bookmaking1 maintaining slot machines1 roulette wheels1 or dice tables1 and conducting lotteries1 policy1 bolita or numbers games1 or selling chances therein4 7c7 ,exclusion ,this section does not apply to any bingo game1 lottery1 or similar game of chance conducted by an organization exempt from tax under paragraph 7#c7 of subsection 7c7 of section #eja of the ,internal ,revenue ,code of #aihf1 if no part of the gross receipts derived from such activity inures to the benefit of any private shareholder1 member1 or employee of such organization1 except as reimbursement for actual expenses incurred in the conduct of such activity4 7d7 ,punishment ,whoever violates this section shall be imprisoned not more than five years4 #aacg4 ,tampering with a witness1 victim1 or an informant 7a7 ,violent offense 7#a7 ,killing ,whoever kills or attempts to kill another person1 with intent to-- 7,a7 prevent the attendance or testimony of any person in an official proceeding2 7,b7 prevent the production of a record1 document1 or other object1 in an official proceeding2 or 7,c7 prevent the communication by any person to a law enforcement officer or judge of the ,united ,states of information relating to the commission or possible commission of a ,federal offense or a violation of conditions of probation1 parole1 or release pending judicial proceedings2 shall be punished as provided in paragraph 7#c74 7#b7 ,use or threat of physical force ,whoever uses physical force or the threat of physical force against any person1 or attempts to do so1 with intent to-- 7,a7 influence1 delay1 or prevent the testimony of any person in an official proceeding2 7,b7 cause or induce any person to-- 7i7 withhold testimony1 or withhold a record1 document1 or other object1 from an official proceeding2 7ii7 alter1 destroy1 mutilate1 or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding2 7iii7 evade legal process summoning that person to appear as a witness1 or to produce a record1 document1 or other object1 in an official proceeding2 or 7iv7 be absent from an official proceeding to which that person has been summoned by legal process2 or 7,c7 hinder1 delay1 or prevent the communication to a law enforcement officer or judge of the ,united ,states of information relating to the commission or possible commission of a ,federal offense or a violation of conditions of probation1 supervised release1 parole1 or release pending judicial proceedings2 shall be punished as provided in paragraph 7#c74 7#c7 ,punishment ,the punishment for an offense under this subsection is-- 7,a7 in the case of a murder1 the same as provided for a like offense in chapter #aj2 7,b7 in the case of an attempt to murder or the use or attempted use of physical force against any person1 imprisonment for not more than #cj years2 and 7,c7 in the case of the threat of use of physical force against any person1 imprisonment for not more than #bj years4 7b7 ,nonviolent offenses involving other persons ,whoever knowingly uses intimidation1 threatens1 or corruptly persuades another person1 or attempts to do so1 or engages in misleading conduct toward another person1 with intent to-- 7#a7 influence1 delay1 or prevent the testimony of any person in an official proceeding2 7#b7 cause or induce any person to-- 7,a7 withhold testimony1 or withhold a record1 document1 or other object1 from an official proceeding2 7,b7 alter1 destroy1 mutilate1 or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding2 7,c7 evade legal process summoning that person to appear as a witness1 or to produce a record1 document1 or other object1 in an official proceeding2 or 7,d7 be absent from an official proceeding to which such person has been summoned by legal process2 or 7#c7 hinder1 delay1 or prevent the communication to a law enforcement officer or judge of the ,united ,states of information relating to the commission or possible commission of a ,federal offense or a violation of conditions of probation1 supervised release1 parole1 or release pending judicial proceedings4 7c7 ,nonviolent offenses not involving other persons ,whoever corruptly-- 7#a7 alters1 destroys1 mutilates1 or conceals a record1 document1 or other object1 or attempts to do so1 with the intent to impair the object's integrity or availability for use in an official proceeding2 or 7#b7 otherwise obstructs1 influences1 or impedes any official proceeding1 or attempts to do so1 shall be imprisoned not more than #bj years4 7d7 ,harassment ,whoever intentionally harasses another person and thereby hinders1 delays1 prevents1 or dissuades any person from-- 7#a7 attending or testifying in an official proceeding2 7#b7 reporting to a law enforcement officer or judge of the ,united ,states the commission or possible commission of a ,federal offense or a violation of conditions of probation1 supervised release1 parole1 or release pending judicial proceedings2 7#c7 arresting or seeking the arrest of another person in connection with a ,federal offense2 or 7#d7 causing a criminal prosecution1 or a parole or probation revocation proceeding1 to be sought or instituted1 or assisting in such prosecution or proceeding2 shall be imprisoned not more than one year4 7e7 ,affirmative defense ,in a prosecution for an offense under this section1 it is an affirmative defense1 that the conduct consisted solely of lawful conduct and that the defendant's sole intention was to encourage1 induce1 or cause the other person to testify truthfully4 7f7 ,special rules ,for the purposes of this section-- 7#a7 an official proceeding need not be pending or about to be instituted at the time of the offense2 and 7#b7 the testimony1 or the record1 document1 or other object need not be admissible in evidence or free of a claim of privilege4 7g7 ,state of mind ,in a prosecution for an offense under this section1 no state of mind need be proved with respect to the circumstance-- 7#a7 that the official proceeding before a judge1 court1 magistrate judge1 grand jury1 or government agency is before a judge or court of the ,united ,states1 a ,united ,states magistrate judge1 a bankruptcy judge1 a ,federal grand jury1 or a ,federal ,government agency2 or 7#b7 that the judge is a judge of the ,united ,states or that the law enforcement officer is an officer or employee of the ,federal ,government or a person authorized to act for or on behalf of the ,federal ,government or serving the ,federal ,government as an adviser or consultant4 7h7 ,extraterritorial jurisdiction ,there is extraterritorial ,federal jurisdiction over an offense under this section4 7i7 ,venue ,a prosecution under this section or section #aacb may be brought in the district in which the official proceeding 7whether or not pending or about to be instituted7 was intended to be affected or in the district in which the conduct constituting the alleged offense occurred4 7j7 ,increased punishment ,if the offense under this section occurs in connection with a trial of a criminal case1 the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case4 #aach4 ,retaliating against a witness1 victim1 or an informant 7a7 ,offenses involving killing 7#a7 ,elements of the offense ,whoever kills another person with intent to retaliate against any person for-- 7,a7 the attendance of a witness or party at an official proceeding1 or any testimony given or any record1 document1 or other object produced by a witness in an official proceeding2 or 7,b7 providing to a law enforcement officer any information relating to the commission or possible commission of a ,federal offense or a violation of conditions of probation1 supervised release1 parole1 or release pending judicial proceedings1 shall be punished as provided in paragraph 7#b74 7#b7 ,punishment ,the punishment for an offense under this subsection is the same as for a like offense under subchapter ,a of chapter #aj4 7b7 ,offenses involving bodily injury ,whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person1 or threatens to do so1 with intent to retaliate against any person for-- 7#a7 the attendance of a witness or party at an official proceeding1 or any testimony given or any record1 document1 or other object produced by a witness in an official proceeding2 or 7#b7 any information relating to the commission or possible commission of a ,federal offense or a violation of conditions of probation1 supervised release1 parole1 or release pending judicial proceedings given by a person to a law enforcement officer1 shall be imprisoned for not more than #bj years4 7c7 ,increased punishment ,if the retaliation occurred because of attendance at or testimony in a criminal case1 the maximum term of imprisonment which may be imposed for the offense under this section shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case4 7d7 ,extraterritorial jurisdiction ,there is extraterritorial ,federal jurisdiction over an offense under this section4 7e7 ,other retaliation ,whoever knowingly1 with the intent to retaliate1 takes any action harmful to any person1 including interference with the lawful employment or livelihood of any person1 for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any ,federal offense1 shall be imprisoned not more than #aj years4 #aaci4 ,civil action to restrain harassment of a victim or witness 7a7 ,temporary restraining order 7#a7 ,a ,united ,states district court1 upon application of the attorney for the ,government1 shall issue a temporary restraining order prohibiting harassment of a victim or witness in a ,federal criminal case if the court finds1 from specific facts shown by affidavit or by verified complaint1 that there are reasonable grounds to believe that harassment of an identified victim or witness in a ,federal criminal case exists or that such order is necessary to prevent and restrain an offense under section #aacg1 other than an offense consisting of misleading conduct1 or under section #aach4 7#b7 7,a7 ,a temporary restraining order may be issued under this section without written or oral notice to the adverse party or such party's attorney in a civil action under this section if the court finds1 upon written certification of facts by the attorney for the ,government1 that such notice should not be required and that there is a reasonable probability that the ,government will prevail on the merits4 7,b7 ,a temporary restraining order issued without notice under this section shall be endorsed with the date and hour of issuance and be filed forthwith in the office of the clerk of the court issuing the order4 7,c7 ,a temporary restraining order issued under this section shall expire at such time1 not to exceed #ad days from issuance1 as the court directs2 the court1 for good cause shown before expiration of such order1 may extend the expiration date of the order for up to #ad days or for such longer period agreed to by the adverse party4 7,d7 ,when a temporary restraining order is issued without notice1 the motion for a protective order shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character1 and when such motion comes on for hearing1 if the attorney for the ,government does not proceed with the application for a protective order1 the court shall dissolve the temporary restraining order4 7,e7 ,if on two days notice to the attorney for the ,government1 excluding intermediate weekends and holidays1 or on such shorter notice as the court may prescribe1 the adverse party appears and moves to dissolve or modify the temporary restraining order1 the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require4 7,f7 ,a temporary restraining order shall set forth the reasons for the issuance of such order1 be specific in terms1 and describe in reasonable detail 7and not by reference to the complaint or other document7 the act or acts being restrained4 7b7 ,protective order 7#a7 ,a ,united ,states district court1 upon motion of the attorney for the ,government1 or on its own motion shall issue a protective order prohibiting harassment of a victim or witness in a ,federal criminal case or investigation if the court1 after a hearing1 finds by a preponderance of the evidence that harassment of an identified victim or witness in a ,federal criminal case or investigation exists or that such order is necessary to prevent and restrain an offense under section #aacg1 other than an offense consisting of misleading conduct1 or under section #aach4 7#b7 ,in the case of a minor witness or victim1 the court shall issue a protective order prohibiting harassment or intimidation of the minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in the ,federal criminal case or investigation4 ,any hearing regarding a protective order under this paragraph shall be conducted in accordance with paragraphs 7#a7 and 7#c71 except that the court may issue an ex parte emergency protective order in advance of a hearing if exigent circumstances are present4 ,if such an ex parte order is applied for or issued1 the court shall hold a hearing not later than #ad days after the date such order was applied for or is issued4 7#c7 ,at the hearing referred to in paragraph 7#a7 of this subsection1 any adverse party named in the complaint shall have the right to present evidence and cross-examine witnesses4 7#d7 ,a protective order shall set forth the reasons for the issuance of such order1 be specific in terms1 describe in reasonable detail the act or acts being restrained4 7#e7 ,the court shall set the duration of effect of the protective order for such period as the court determines necessary to prevent harassment of the victim or witness but in no case for a period in excess of three years from the date of such order's issuance4 ,the attorney for the ,government may1 at any time within ninety days before the expiration of such order1 apply for a new protective order under this section1 except that in the case of a minor victim or witness1 the court may order that such protective order expires on the later of #c years after the date of issuance or the date of the eighteenth birthday of that minor victim or witness4 7c7 ,offense ,whoever knowingly and intentionally violates an order issued under this section shall be fined under this title1 imprisoned not more than #e years1 or both4 7d7 ,definitions 7#a7 ,as used in this section-- 7,a7 the term course of conduct means a series of acts over a period of time1 however short1 indicating a continuity of purpose2 7,b7 the term harassment means a serious act or course of conduct directed at a specific person that-- 7i7 causes substantial emotional distress in such person2 and 7ii7 serves no legitimate purpose2 7,c7 the term family has the meaning given that term in section #acf and includes grandchildren2 7,d7 the term intimidation means a serious act or course of conduct directed at a specific person that-- 7i7 causes fear or apprehension in such person2 and 7ii7 serves no legitimate purpose2 7,e7 the term restricted personal information has the meaning give that term in section #aai2 7,f7 the term serious act means a single act of threatening1 retaliatory1 harassing1 or violent conduct that is reasonably likely to influence the willingness of a victim or witness to testify or participate in a ,federal criminal case or investigation2 and 7,g7 the term specific person means a victim or witness in a ,federal criminal case or investigation1 and includes a family member of such a victim or witness4 7#b7 ,for purposes of subparagraphs 7,b77ii7 and 7,d77ii7 of paragraph 7#a71 a court shall presume1 subject to rebuttal by the person1 that the distribution or publication using the ,internet of a photograph of1 or restricted personal information regarding1 a specific person serves no legitimate purpose1 unless that use is authorized by that specific person1 is for news reporting purposes1 is designed to locate that specific person 7who has been reported to law enforcement as a missing person71 or is part of a government-authorized effort to locate a fugitive or person of interest in a criminal1 antiterrorism1 or national security investigation4 #aadj4 ,civil action to protect against retaliation in fraud cases 7a7 ,whistleblower protection for employees of publicly traded companies ,no company with a class of securities registered under section #ab of the ,securities ,exchange ,act of #aicd1 or that is required to file reports under section #ae7;d7 of the ,securities ,exchange ,act of #aicd1 including any subsidiary or affiliate whose financial information is included in the consolidated financial statements of such company1 or nationally recognized statistical rating organization 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd1 or any officer1 employee1 contractor1 subcontractor1 or agent of such company or nationally recognized statistical rating organization1 may discharge1 demote1 suspend1 threaten1 harass1 or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee-- 7#a7 to provide information1 cause information to be provided1 or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes a violation of section #hja1 #hjc1 #hjd1 or #hjg1 any rule or regulation of the ,securities and ,exchange ,commission1 or any provision of ,federal law relating to fraud against shareholders1 when the information or assistance is provided to or the investigation is conducted by-- 7,a7 a ,federal regulatory or law enforcement agency2 7,b7 any ,member of ,congress or any committee of ,congress2 or 7,c7 a person with supervisory authority over the employee 7or such other person working for the employer who has the authority to investigate1 discover1 or terminate misconduct72 or 7#b7 to file1 cause to be filed1 testify1 participate in1 or otherwise assist in a proceeding filed or about to be filed 7with any knowledge of the employer7 relating to an alleged violation of section #hja1 #hjc1 #hjd1 or #hjg1 any rule or regulation of the ,securities and ,exchange ,commission1 or any provision of ,federal law relating to fraud against shareholders4 7b7 ,enforcement action 7#a7 ,in general ,a person who alleges discharge or other discrimination by any person in violation of subsection 7a7 may seek relief under subsection 7c71 by-- 7,a7 filing a complaint with the ,secretary of ,labor2 or 7,b7 if the ,secretary has not issued a final decision within #ahj days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant1 bringing an action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy4 7#b7 ,procedure 7,a7 ,in general ,an action under paragraph 7#a77;,a7 shall be governed under the rules and procedures set forth in section #dbaba7;b7 of title #di4 7,b7 ,exception ,notification made under section #dbaba7;b77#a7 of title #di1 shall be made to the person named in the complaint and to the employer4 7,c7 ,burdens of proof ,an action brought under paragraph 7#a77;,b7 shall be governed by the legal burdens of proof set forth in section #dbaba7;b7 of title #di4 7,d7 ,statute of limitations ,an action under paragraph 7#a7 shall be commenced not later than #ahj days after the date on which the violation occurs1 or after the date on which the employee became aware of the violation4 7,e7 ,jury trial ,a party to an action brought under paragraph 7#a77;,b7 shall be entitled to trial by jury4 7c7 ,remedies 7#a7 ,in general ,an employee prevailing in any action under subsection 7b77#a7 shall be entitled to all relief necessary to make the employee whole4 7#b7 ,compensatory damages ,relief for any action under paragraph 7#a7 shall include-- 7,a7 reinstatement with the same seniority status that the employee would have had1 but for the discrimination2 7,b7 the amount of back pay1 with interest2 and 7,c7 compensation for any special damages sustained as a result of the discrimination1 including litigation costs1 expert witness fees1 and reasonable attorney fees4 7d7 ,rights retained by employee ,nothing in this section diminishes the rights1 privileges1 or remedies of any employee under any ,federal or ,state law1 or under any collective bargaining agreement4 7e7 ,nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes 7#a7 ,waiver of rights and remedies ,the rights and remedies provided for in this section may not be waived by any agreement1 policy form1 or condition of employment1 including by a predispute arbitration agreement4 7#b7 ,predispute arbitration agreements ,no predispute arbitration agreement shall be valid or enforceable1 if the agreement requires arbitration of a dispute arising under this section4 #aada4 ,definitions for certain provisions2 general provision 7a7 ,definitions for sections #aacg and #aach ,as used in sections #aacg and #aach and in this section-- 7#a7 the term official proceeding means-- 7,a7 a proceeding before a judge or court of the ,united ,states1 a ,united ,states magistrate judge1 a bankruptcy judge1 a judge of the ,united ,states ,tax ,court1 a special trial judge of the ,tax ,court1 a judge of the ,united ,states ,court of ,federal ,claims1 or a ,federal grand jury2 7,b7 a proceeding before the ,congress2 7,c7 a proceeding before a ,federal ,government agency which is authorized by law2 or 7,d7 a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of insurance whose activities affect interstate commerce2 7#b7 the term physical force means physical action against another1 and includes confinement2 7#c7 the term misleading conduct means-- 7,a7 knowingly making a false statement2 7,b7 intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading1 or intentionally concealing a material fact1 and thereby creating a false impression by such statement2 7,c7 with intent to mislead1 knowingly submitting or inviting reliance on a writing or recording that is false1 forged1 altered1 or otherwise lacking in authenticity2 7,d7 with intent to mislead1 knowingly submitting or inviting reliance on a sample1 specimen1 map1 photograph1 boundary mark1 or other object that is misleading in a material respect2 or 7,e7 knowingly using a trick1 scheme1 or device with intent to mislead2 7#d7 the term law enforcement officer means an officer or employee of the ,federal ,government1 or a person authorized to act for or on behalf of the ,federal ,government or serving the ,federal ,government as an adviser or consultant-- 7,a7 authorized under law to engage in or supervise the prevention1 detection1 investigation1 or prosecution of an offense2 or 7,b7 serving as a probation or pretrial services officer under this title2 7#e7 the term corruptly persuades does not include conduct which would be misleading conduct but for a lack of a state of mind4 7b7 ,definition for section #aacc ,as used in section #aacc1 the term corruptly means acting with an improper purpose1 personally or by influencing another1 including making a false or misleading statement1 or withholding1 concealing1 altering1 or destroying a document or other information4 7c7 ,exclusion ,this subchapter does not prohibit or punish the providing of lawful1 bona fide1 legal representation services in connection with or anticipation of an official proceeding4 #aadb4 ,destruction of corporate audit records 7a7 ,regulatory requirements 7#a7 ,any accountant who conducts an audit of an issuer of securities to which section #aj;,a7a7 of the ,securities ,exchange ,act of #aicd applies1 shall maintain all audit or review workpapers for a period of #e years from the end of the fiscal period in which the audit or review was concluded4 7#b7 ,the ,securities and ,exchange ,commission shall promulgate1 within #ahj days1 after adequate notice and an opportunity for comment1 such rules and regulations1 as are reasonably necessary1 relating to the retention of relevant records such as workpapers1 documents that form the basis of an audit or review1 memoranda1 correspondence1 communications1 other documents1 and records 7including electronic records7 which are created1 sent1 or received in connection with an audit or review and contain conclusions1 opinions1 analyses1 or financial data relating to such an audit or review1 which is conducted by any accountant who conducts an audit of an issuer of securities to which section #aj;,a7a7 of the ,securities ,exchange ,act of #aicd applies4 ,the ,commission may1 from time to time1 amend or supplement the rules and regulations that it is required to promulgate under this section1 after adequate notice and an opportunity for comment1 in order to ensure that such rules and regulations adequately comport with the purposes of this section4 7b7 ,offense ,whoever knowingly violates subsection 7a77#a71 or any rule or regulation promulgated by the ,securities and ,exchange ,commission under subsection 7a77#b71 shall be imprisoned not more than #aj years4 7c7 ,rule of construction ,nothing in this section diminishes or relieves any person of any other duty or obligation imposed by ,federal or ,state law or regulation to maintain1 or refrain from destroying1 any document4 ,j ,,prisons ,sec4 #aafa4 ,providing or possessing contraband in prison4 #aafb4 ,mutiny and riot prohibited4 #aafc4 ,trespass on ,bureau of ,prisons reservations and land4 #aafa4 ,providing or possessing contraband in prison 7a7 ,offense ,whoever-- 7#a7 in violation of a statute or a rule or order issued under a statute1 provides to an inmate of a prison a prohibited object1 or attempts to do so2 or 7#b7 being an inmate of a prison1 makes1 possesses1 or obtains1 or attempts to make or obtain1 a prohibited object2 shall be punished as provided in subsection 7b7 of this section4 7b7 ,punishment ,the punishment for an offense under this section is a fine under this title or-- 7#a7 imprisonment for not more than #bj years1 or both1 if the object is specified in subsection 7d77#a77;,c7 of this section2 7#b7 imprisonment for not more than #aj years1 or both1 if the object is specified in subsection 7d77#a77;,a7 of this section2 7#c7 imprisonment for not more than #e years1 or both1 if the object is specified in subsection 7d77#a77;,b7 of this section2 7#d7 imprisonment for not more than one year1 or both1 if the object is specified in subsection 7d77#a77;,d71 7d77#a77;,e71 or 7d77#a77;,f7 of this section2 and 7#e7 imprisonment for not more than #f months1 or both1 if the object is specified in subsection 7d77#a77;,g7 of this section4 7c7 ,consecutive punishment required in certain cases ,any punishment imposed under subsection 7b7 for a violation of this section involving a controlled substance shall be consecutive to any other sentence imposed by any court for an offense involving such a controlled substance4 ,any punishment imposed under subsection 7b7 for a violation of this section by an inmate of a prison shall be consecutive to the sentence being served by such inmate at the time the inmate commits such violation4 7d7 ,definitions ,as used in this section-- 7#a7 the term prohibited object means-- 7,a7 a firearm or destructive device or a controlled substance in schedule ,i or ,,ii1 other than marijuana or a controlled substance referred to in subparagraph 7,c7 of this subsection2 7,b7 marijuana or a controlled substance in schedule ,,iii1 other than a controlled substance referred to in subparagraph 7,c7 of this subsection1 ammunition1 a weapon 7other than a firearm or destructive device71 or an object that is designed or intended to be used as a weapon or to facilitate escape from a prison2 7,c7 a narcotic drug1 methamphetamine1 its salts1 isomers1 and salts of its isomers1 lysergic acid diethylamide1 or phencyclidine2 7,d7 a controlled substance 7other than a controlled substance referred to in subparagraph 7,a71 7,b71 or 7,c7 of this subsection7 or an alcoholic beverage2 7,e7 any ,united ,states or foreign currency2 7,f7 a phone or other device used by a user of commercial mobile service 7as defined in section #ccb7;d7 of the ,communications ,act of #aicd7 in connection with such service2 and 7,g7 any other object that threatens the order1 discipline1 or security of a prison1 or the life1 health1 or safety of an individual2 7#b7 the terms ammunition1 firearm1 and destructive device have1 respectively1 the meanings given those terms in section #eha2 7#c7 the term narcotic drug has the meaning given that term in section #ajb of the ,controlled ,substances ,act2 and 7#d7 the term prison means a ,federal correctional1 detention1 or penal facility or any prison1 institution1 or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the ,attorney ,general4 #aafb4 ,mutiny and riot prohibited ,whoever instigates any mutiny or riot1 at any ,federal penal1 detention1 or correctional facility1 shall be imprisoned not more than ten years4 #aafc4 ,trespass on ,bureau of ,prisons reservations and land ,whoever1 without lawful authority or permission1 goes upon a reservation1 land1 or a facility of the ,bureau of ,prisons shall be imprisoned not more than six months4 ,k ,,public ,,officers ,,and ,,employees ,sec4 #aaga4 ,disclosure of confidential information generally4 #aaga4 ,disclosure of confidential information generally ,whoever1 being an officer or employee of the ,united ,states or of any department or agency thereof1 any person acting on behalf of the ,federal ,housing ,finance ,agency1 or agent of the ,department of ,justice as defined in the ,antitrust ,civil ,process ,act1 or being an employee of a private sector organization who is or was assigned to an agency under chapter #cg of title #e1 publishes1 divulges1 discloses1 or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by1 or return1 report or record made to or filed with1 such department or agency or officer or employee thereof1 which information concerns or relates to the trade secrets1 processes1 operations1 style of work1 or apparatus1 or to the identity1 confidential statistical data1 amount or source of any income1 profits1 losses1 or expenditures of any person1 firm1 partnership1 corporation1 or association2 or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law2 shall be imprisoned not more than one year2 and shall be removed from office or employment4 ,l ,,records ,,and ,,reports ,sec4 #aaha4 ,concealment1 removal1 or mutilation generally4 #aahb4 ,false entries and reports of moneys or securities4 #aaha4 ,concealment1 removal1 or mutilation generally ,whoever knowingly and unlawfully conceals1 removes1 mutilates1 obliterates1 or destroys1 or attempts to do so1 or1 with intent to do so takes and carries away any record1 proceeding1 map1 book1 paper1 document1 or other thing1 filed or deposited with any clerk or officer of any court of the ,united ,states1 or in any public office1 or with any judicial or public officer of the ,united ,states1 shall be imprisoned not more than three years4 #aahb4 ,false entries and reports of moneys or securities ,whoever-- 7#a7 being an officer1 clerk1 agent1 or other employee of the ,united ,states or any of its agencies1 charged with the duty of keeping accounts or records of any kind1 with intent to deceive1 mislead1 injure1 or defraud1 makes in any such account or record any false or fictitious entry or record of any matter relating to or connected with his duties2 or 7#b7 being an officer1 clerk1 agent1 or other employee of the ,united ,states or any of its agencies1 charged with the duty of receiving1 holding1 or paying over moneys or securities to1 for1 or on behalf of the ,united ,states1 or of receiving or holding in trust for any person any moneys or securities1 with like intent1 makes a false report of such moneys or securities2 shall be imprisoned not more than ten years4 ,m ,,searches ,,and ,,seizures ,sec4 #aaia4 ,destruction or removal of property to prevent seizure4 #aaib4 ,rescue of seized property4 #aaia4 ,destruction or removal of property to prevent seizure 7a7 ,destruction or removal of property to prevent seizure ,whoever1 before1 during1 or after any search for or seizure of property by any person authorized to make such search or seizure1 knowingly destroys1 damages1 wastes1 disposes of1 transfers1 or otherwise takes any action1 or knowingly attempts to destroy1 damage1 waste1 dispose of1 transfer1 or otherwise take any action1 for the purpose of preventing or impairing the ,government's lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control1 shall be imprisoned not more than #e years4 7b7 ,impairment of ,in rem jurisdiction ,whoever1 knowing that property is subject to the in rem jurisdiction of a ,united ,states court for purposes of civil forfeiture under ,federal law1 knowingly and without authority from that court1 destroys1 damages1 wastes1 disposes of1 transfers1 or otherwise takes any action1 or knowingly attempts to destroy1 damage1 waste1 dispose of1 transfer1 or otherwise take any action1 for the purpose of impairing or defeating the court's continuing in rem jurisdiction over the property1 shall be imprisoned not more than #e years4 7c7 ,notice of search or execution of seizure warrant or warrant of arrest ,in rem ,whoever1 having knowledge that any person authorized to make searches and seizures1 or to execute a seizure warrant or warrant of arrest in rem1 in order to prevent the authorized seizing or securing of any person or property1 gives notice or attempts to give notice in advance of the search1 seizure1 or execution of a seizure warrant or warrant of arrest in rem1 to any person shall be imprisoned not more than #e years4 7d7 ,notice of certain electronic surveillance ,whoever1 having knowledge that a ,federal investigative or law enforcement officer has been authorized or has applied for authorization under subchapter ,c of chapter #cg to intercept a wire1 oral1 or electronic communication1 in order to obstruct1 impede1 or prevent such interception1 gives notice or attempts to give notice of the possible interception to any person shall be imprisoned not more than #e years4 7e7 ,foreign intelligence surveillance ,whoever1 having knowledge that a ,federal officer has been authorized or has applied for authorization to conduct electronic surveillance under the ,foreign ,intelligence ,surveillance ,act of #aigh1 in order to obstruct1 impede1 or prevent such activity1 gives notice or attempts to give notice of the possible activity to any person shall be imprisoned not more than #e years4 #aaib4 ,rescue of seized property ,whoever forcibly rescues1 dispossesses1 or attempts to rescue or dispossess any property1 articles1 or objects after the same shall have been taken1 detained1 or seized by any officer or other person under the authority of any revenue law of the ,united ,states1 or by any person authorized to make searches and seizures1 shall be imprisoned not more than two years4 ,n ,,malicious ,,mischief #abja4 ,government property or contracts4 #abjb4 ,communication lines1 stations1 or systems4 #abjc4 ,buildings or property within special maritime and territorial jurisdiction4 #abjd4 ,tampering with consumer products4 #abje4 ,destruction of an energy facility4 #abjf4 ,harming animals used in law enforcement4 #abjg4 ,destruction of veterans' memorials4 #abja4 ,government property or contracts ,whoever knowingly and without authority injures or commits any depredation against any property of the ,united ,states1 or of any department or agency thereof1 or any property which has been or is being manufactured or constructed for the ,united ,states1 or any department or agency thereof1 or attempts to commit any of the foregoing offenses1 shall be punished as follows3 7#a7 ,if the damage or attempted damage to such property exceeds the sum of #a1jjj1 by imprisonment for not more than ten years4 7#b7 ,if the damage or attempted damage to such property does not exceed the sum of #a1jjj1 by imprisonment for not more than one year4 #abjb4 ,communication lines1 stations1 or systems 7a7 ,offense ,whoever knowingly and without authority-- 7#a7 injures or destroys any of the works1 property1 or material of any radio1 telegraph1 telephone or cable1 line1 station1 or system1 or other means of communication1 operated or controlled by the ,united ,states1 or used or intended to be used for military or civil defense functions of the ,united ,states1 whether constructed or in process of construction2 7#b7 interferes in any way with the working or use of any such line or system2 or 7#c7 obstructs1 hinders1 or delays the transmission of any communication over any such line or system2 shall be imprisoned not more than ten years4 7b7 ,exclusion ,in the case of any works1 property1 or material1 not operated or controlled by the ,united ,states1 this section does not apply to any lawful strike activity1 or other lawful concerted activities for the purposes of collective bargaining or other mutual aid and protection which do not injure or destroy any line or system used or intended to be used for the military or civil defense functions of the ,united ,states4 #abjc4 ,buildings or property within special maritime and territorial jurisdiction ,whoever1 within the special maritime and territorial jurisdiction of the ,united ,states1 knowingly and without authority destroys or injures any structure1 conveyance1 or other real or personal property shall be imprisoned not more than five years1 and if the building be a dwelling1 or the life of any person be placed in jeopardy1 shall be imprisoned not more than twenty years4 #abjd4 ,tampering with consumer products 7a7 ,tampering in general ,whoever1 with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk1 tampers with any consumer product that affects interstate or foreign commerce1 or the labeling of1 or container for1 any such product1 or attempts to do so1 shall-- 7#a7 in the case of an attempt1 be imprisoned not more than ten years2 7#b7 if death of an individual results1 be imprisoned for any term of years or for life2 7#c7 if serious bodily injury to any individual results1 be imprisoned not more than twenty years2 and 7#d7 in any other case1 be imprisoned not more than ten years4 7b7 ,tainting with intent ,to cause serious injury through business ,whoever1 with intent to cause serious injury to the business of any person1 taints any consumer product or renders materially false or misleading the labeling of1 or container for1 a consumer product1 if such consumer product affects interstate or foreign commerce1 shall be imprisoned not more than three years4 7c7 ,false information 7#a7 ,whoever knowingly communicates false information that a consumer product has been tainted1 if such product or the results of such communication affect interstate or foreign commerce1 and if such tainting1 had it occurred1 would create a risk of death or bodily injury to another person1 shall be imprisoned not more than five years4 7#b7 ,as used in paragraph 7#a7 of this subsection1 the term communicates false information means communicates information that is false and that the communicator knows is false1 under circumstances in which the information may reasonably be expected to be believed4 7d7 ,threats ,whoever knowingly threatens1 under circumstances in which the threat may reasonably be expected to be believed1 that conduct that1 if it occurred1 would violate subsection 7a7 of this section will occur1 shall be imprisoned not more than five years4 7e7 ,conspiracy ,whoever is a party to a conspiracy of two or more persons to commit an offense under subsection 7a7 of this section1 if any of the parties intentionally engages in any conduct in furtherance of such offense1 shall be imprisoned not more than ten years4 7f7 ,tampering with writing 7#a7 ,whoever1 without the consent of the manufacturer1 retailer1 or distributor1 intentionally tampers with a consumer product that is sold in interstate or foreign commerce by knowingly placing or inserting any writing in the consumer product1 or in the container for the consumer product1 before the sale of the consumer product to any consumer shall be imprisoned not more than #a year4 7#b7 ,notwithstanding paragraph 7#a71 if any person commits a violation of this subsection after a prior conviction under this section becomes final1 such person shall be imprisoned for not more than #c years4 7#c7 ,in this subsection1 the term writing means any form of representation or communication1 including hand-bills1 notices1 or advertising1 that contain letters1 words1 or pictorial representations4 7g7 ,authority of ,food and ,drug ,administration and ,department of ,agriculture ,in addition to any other agency which has authority to investigate violations of this section1 the ,food and ,drug ,administration and the ,department of ,agriculture1 respectively1 have authority to investigate violations of this section involving a consumer product that is regulated by a provision of law such ,administration or ,department1 as the case may be1 administers4 7h7 ,definitions ,as used in this section-- 7#a7 the term consumer product means-- 7,a7 any food1 drug1 device1 or cosmetic1 as those terms are respectively defined in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 or 7,b7 any article1 product1 or commodity which is customarily produced or distributed for consumption by individuals1 or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household1 and which is designed to be consumed or expended in the course of such consumption or use2 and 7#b7 the term labeling has the meaning given such term in section #bja7m7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act4 #abje4 ,destruction of an energy facility 7a7 ,damage exceeding #ajj1jjj ,whoever knowingly and without authority-- 7#a7 damages the property of an energy facility in an amount that exceeds #ajj1jjj2 or 7#b7 damages the property of an energy facility in any amount and thereby causes a significant interruption or impairment of a function of an energy facility2 shall be imprisoned for not more than #bj years4 7b7 ,damage exceeding #e1jjj ,whoever knowingly and without authority damages the property of an energy facility in an amount that exceeds #e1jjj shall be imprisoned for not more than five years4 7c7 ,definition ,as used in this section1 the term energy facility means a facility that is involved in the production1 storage1 transmission1 or distribution of electricity1 fuel1 or another form or source of energy1 or research1 development1 or demonstration facilities relating thereto1 regardless of whether such facility is still under construction or is otherwise not functioning1 except a facility subject to the jurisdiction1 administration1 or in the custody of the ,nuclear ,regulatory ,commission or an interstate gas pipeline facility as defined in section #fjaja of title #di4 7d7 ,increased punishment where death results ,whoever is convicted of a violation of subsection 7a7 or 7b7 that has resulted in the death of any person shall be subject to imprisonment for any term of years or life4 #abjf4 ,harming animals used in law enforcement 7a7 ,offense ,whoever maliciously harms any police animal shall be imprisoned not more than #a year4 ,if the offense permanently disables or disfigures the animal1 or causes serious bodily injury to or the death of the animal1 the maximum term of imprisonment shall be #aj years4 7b7 ,definition ,in this section1 the term police animal means a dog or horse employed by a ,federal agency 7whether in the executive1 legislative1 or judicial branch7 for the principal purpose of aiding in the detection of criminal activity1 enforcement of laws1 or apprehension of criminal offenders4 #abjg4 ,destruction of veterans' memorials 7a7 ,offense ,whoever1 as made applicable by subsection 7b71 knowingly and without authority injures or destroys any structure1 plaque1 statue1 or other monument on public property commemorating the service of any person or persons in the armed forces of the ,united ,states shall be imprisoned not more than #aj years4 7b7 ,federal nexus ,subsection 7a7 applies if-- 7#a7 in committing the offense1 the defendant travels or causes another to travel in interstate or foreign commerce1 or uses the mail or an instrumentality of interstate or foreign commerce2 or 7#b7 the structure1 plaque1 statue1 or other monument is located on property owned by1 or under the jurisdiction of1 the ,federal ,government4 ,o ,,public ,,lands #abaa4 ,timber removed or transported4 #abab4 ,trees cut or injured4 #abac4 ,timber set afire4 #abad4 ,fires left unattended and unextinguished4 #abae4 ,trespass on national forest lands4 #abaf4 ,hazardous or injurious devices on ,federal lands4 #abaa4 ,timber removed or transported 7a7 ,offense ,whoever knowingly and without authority-- 7#a7 cuts or destroys any timber growing on the public lands of the ,united ,states2 7#b7 removes any timber from those public lands1 with intent to export or to dispose of that timber2 or 7#c7 being the owner1 master1 pilot1 operator1 or consignee of any vessel1 motor vehicle1 or aircraft or the owner1 director1 or agent of any railroad1 knowingly transports any timber so cut or removed1 or lumber manufactured from that timber2 shall be imprisoned not more than one year4 7b7 ,exclusion ,this section does not prevent any miner or agriculturist from clearing land in the ordinary working of the miner's mining claim1 or in the preparation of the agriculturalist's farm for tillage1 or from taking the timber necessary to support improvements1 or the taking of timber for the use of the ,united ,states2 nor shall it interfere with or take away any right or privilege under any existing law of the ,united ,states to cut or remove timber from any public lands4 #abab4 ,trees cut or injured ,whoever knowingly and without authority cuts1 injures1 or destroys any tree growing1 standing1 or being upon any land of the ,united ,states which1 in pursuance of law1 has been reserved or purchased by the ,united ,states for any public use1 or upon any ,indian reservation1 or lands belonging to or occupied by any tribe of ,indians under the authority of the ,united ,states1 or any ,indian allotment while the title to the same shall be held in trust by the ,government1 or while the same shall remain inalienable by the allottee without the consent of the ,united ,states1 shall be imprisoned not more than one year4 #abac4 ,timber set afire 7a7 ,offense ,whoever1 knowingly and without authority1 sets on fire any timber1 underbrush1 or grass or other inflammable material upon the public domain or upon any lands owned or leased by or under the partial1 concurrent1 or exclusive jurisdiction of the ,united ,states1 or under contract for purchase or for the acquisition of which condemnation proceedings have been instituted1 or upon any ,indian reservation or lands belonging to or occupied by any tribe or group of ,indians under authority of the ,united ,states1 or upon any ,indian allotment while the title to the same shall be held in trust by the ,government1 or while the same shall remain inalienable by the allottee without the consent of the ,united ,states1 shall be imprisoned not more than five years4 7b7 ,exclusion ,this section does not apply in the case of a fire set by an allottee in the reasonable exercise of his proprietary rights in the allotment4 #abad4 ,fires left unattended and unextinguished ,whoever1 having kindled or caused to be kindled1 a fire in or near any forest1 timber1 or other inflammable material upon any lands owned1 controlled or leased by1 or under the partial1 concurrent1 or exclusive jurisdiction of the ,united ,states1 including lands under contract for purchase or for the acquisition of which condemnation proceedings have been instituted1 and including any ,indian reservation or lands belonging to or occupied by any tribe or group of ,indians under the authority of the ,united ,states1 or any ,indian allotment while the title to the same is held in trust by the ,united ,states1 or while the same shall remain inalienable by the allottee without the consent of the ,united ,states1 leaves said fire without totally extinguishing the same1 or permits or suffers the fire to burn or spread beyond his control1 or leaves or suffers the fire to burn unattended1 shall be imprisoned not more than six months4 #abae4 ,trespass on national forest lands ,whoever1 without authority goes upon any national forest land while it is closed to the public pursuant to lawful regulation of the ,secretary of ,agriculture1 shall be imprisoned not more than six months4 #abaf4 ,hazardous or injurious devices on ,federal lands 7a7 ,elements of the offense ,whoever-- 7#a7 with the intent to violate the ,controlled ,substances ,act1 7#b7 with the intent to obstruct or harass the harvesting of timber1 or 7#c7 with reckless disregard to the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk1 uses a hazardous or injurious device on ,federal land1 on an ,indian reservation1 or on an ,indian allotment while the title to such allotment is held in trust by the ,united ,states or while such allotment remains inalienable by the allottee without the consent of the ,united ,states shall be punished under subsection 7b74 7b7 ,punishment ,an individual who violates subsection 7a7 shall-- 7#a7 if death of an individual results1 be imprisoned for any term of years or for life2 7#b7 if serious bodily injury to any individual results1 be imprisoned for not more than #dj years2 7#c7 if bodily injury to any individual results1 be imprisoned for not more than #bj years2 7#d7 if damage to the property of any individual results or if avoidance costs have been incurred exceeding #aj1jjj1 in the aggregate1 be imprisoned for not more than #bj years2 and 7#e7 in any other case1 be imprisoned for not more than one year4 7c7 ,increased punishment ,any individual who is punished under subsection 7b77#e7 after one or more prior convictions under any such subsection shall be imprisoned for not more than #bj years4 7d7 ,definitions ,as used in this section-- 7#a7 the term hazardous or injurious device means a device1 which when assembled or placed1 is capable of causing bodily injury1 or damage to property1 by the action of any person making contact with such device subsequent to the assembly or placement4 ,such term includes guns attached to trip wires or other triggering mechanisms1 ammunition attached to trip wires or other triggering mechanisms1 or explosive devices attached to trip wires or other triggering mechanisms1 sharpened stakes1 lines or wires1 lines or wires with hooks attached1 nails placed so that the sharpened ends are positioned in an upright manner1 or tree spiking devices including spikes1 nails1 or other objects hammered1 driven1 fastened1 or otherwise placed into or on any timber1 whether or not severed from the stump2 and 7#b7 the term avoidance costs means costs incurred by any individual for the purpose of-- 7,a7 detecting a hazardous or injurious device2 or 7,b7 preventing death1 serious bodily injury1 bodily injury1 or property damage likely to result from the use of a hazardous or injurious device in violation of subsection 7a74 7e7 ,civil action ,any person injured as the result of a violation of subsection 7a7 may commence a civil action on his own behalf against any person who is alleged to be in violation of subsection 7a74 ,the district courts shall have jurisdiction1 without regard to the amount in controversy or the citizenship of the parties1 in such civil actions4 ,the court may award1 in addition to monetary damages for any injury resulting from an alleged violation of subsection 7a71 costs of litigation1 including reasonable attorney and expert witness fees1 to any prevailing or substantially prevailing party1 whenever the court determines such award is appropriate4 ,p ,,restricted ,,building ,,or ,,grounds ,sec4 #abba4 ,restricted building or grounds4 #abba4 ,restricted building or grounds 7a7 ,whoever-- 7#a7 enters or remains in any restricted building or grounds without lawful authority to do so2 7#b7 with intent to impede or disrupt the orderly conduct of ,government business or official functions1 engages in disorderly or disruptive conduct in1 or within such proximity to1 any restricted building or grounds when1 or so that1 such conduct1 in fact1 impedes or disrupts the orderly conduct of ,government business or official functions2 7#c7 with the intent to impede or disrupt the orderly conduct of ,government business or official functions1 obstructs or impedes ingress or egress to or from any restricted building or grounds2 or 7#d7 engages in any act of physical violence against any person or property in any restricted building or grounds2 shall be punished as provided in subsection 7b74 7b7 ,the punishment for a violation of subsection 7a7 is-- 7#a7 a fine under this title or imprisonment for not more than #aj years1 or both1 if-- 7,a7 the person1 during and in relation to the offense1 uses or carries a deadly or dangerous weapon or firearm2 or 7,b7 the offense results in significant bodily injury as defined by section #baah7;e77#c72 and 7#b7 a fine under this title or imprisonment for not more than one year1 or both1 in any other case4 7c7 ,in this section-- 7#a7 the term restricted buildings or grounds means any posted1 cordoned off1 or otherwise restricted area-- 7,a7 of the ,white ,house or its grounds1 or the ,vice ,president's official residence or its grounds2 7,b7 of a building or grounds where the ,president or other person protected by the ,secret ,service is or will be temporarily visiting2 or 7,c7 of a building or grounds so restricted in conjunction with an event designated as a special event of national significance2 and 7#b7 the term other person protected by the ,secret ,service means any person whom the ,united ,states ,secret ,service is authorized to protect under section #cjef of this title or by ,presidential memorandum1 when such person has not declined such protection4 #ca ,,international ,,law ,,crimes ,subchapter ,a4 ,piracy and privateering ,b4 ,peonage1 slavery1 and trafficking in persons ,assault ,c4 ,genocide ,d4 ,torture ,e4 ,war crimes ,a ,,piracy ,,and ,,privateering ,sec4 #abea4 ,piracy under law of nations4 #abea4 ,piracy under law of nations ,whoever1 on the high seas1 commits the crime of piracy as defined by the law of nations1 and is afterwards brought into or found in the ,united ,states1 shall be imprisoned for life4 ,b ,,peonage1 ,,slavery1 ,,and ,,trafficking ,,in ,,persons #abfa4 ,peonage4 #abfb4 ,sale into involuntary servitude4 #abfc4 ,forced labor4 #abfd4 ,trafficking with respect to peonage1 slavery1 involuntary servitude1 or forced labor4 #abfe4 ,sex trafficking of children or by force1 fraud1 or coercion4 #abff4 ,unlawful conduct with respect to documents in furtherance of trafficking1 peonage1 slavery1 involuntary servitude1 or forced labor4 #abfg4 ,civil remedy4 #abfa4 ,peonage ,whoever holds or returns any person to a condition of peonage1 or arrests any person with the intent of placing him in or returning him to a condition of peonage1 shall be imprisoned not more than #bj years4 ,if death results from the violation of this section1 or if the violation includes kidnapping or an attempt to kidnap1 aggravated sexual abuse or the attempt to commit aggravated sexual abuse1 or an attempt to kill1 the defendant shall be imprisoned for any term of years or life4 #abfb4 ,sale into involuntary servitude ,whoever knowingly holds to involuntary servitude or sells into any condition of involuntary servitude1 any other person for any term1 or brings within the ,united ,states any person so held1 shall be imprisoned not more than #bj years4 ,if death results from the violation of this section1 or if the violation includes kidnapping or an attempt to kidnap1 aggravated sexual abuse or the attempt to commit aggravated sexual abuse1 or an attempt to kill1 the defendant shall be imprisoned for any term of years or life4 #abfc4 ,forced labor 7a7 ,whoever knowingly provides or obtains the labor or services of a person by any one of1 or by any combination of1 the following means-- 7#a7 by means of force1 threats of force1 physical restraint1 or threats of physical restraint to that person or another person2 7#b7 by means of serious harm or threats of serious harm to that person or another person2 7#c7 by means of the abuse or threatened abuse of law or legal process2 or 7#d7 by means of any scheme1 plan1 or pattern intended to cause the person to believe that1 if that person did not perform such labor or services1 that person or another person would suffer serious harm or physical restraint1 shall be punished as provided under subsection 7d74 7b7 ,whoever knowingly benefits1 financially or by receiving anything of value1 from participation in a venture which has engaged in the providing or obtaining of labor or services by any of the means described in subsection 7a71 knowing or in reckless disregard of the fact that the venture has engaged in the providing or obtaining of labor or services by any of such means1 shall be punished as provided in subsection 7d74 7c7 ,in this section3 7#a7 ,the term abuse or threatened abuse of law or legal process means the use or threatened use of a law or legal process1 whether administrative1 civil1 or criminal1 in any manner or for any purpose for which the law was not designed1 in order to exert pressure on another person to cause that person to take some action or refrain from taking some action4 7#b7 ,the term serious harm means any harm1 whether physical or nonphysical1 including psychological1 financial1 or reputational harm1 that is sufficiently serious1 under all the surrounding circumstances1 to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm4 7d7 ,whoever violates this section shall be imprisoned not more than #bj years4 ,if death results from a violation of this section1 or if the violation includes kidnaping1 an attempt to kidnap1 aggravated sexual abuse1 or an attempt to kill1 the defendant shall be imprisoned for any term of years or for life4 #abfd4 ,trafficking with respect to peonage1 slavery1 involuntary servitude1 or forced labor ,whoever knowingly recruits1 harbors1 transports1 provides1 or obtains by any means1 any person for labor or services in violation of this subchapter shall be imprisoned not more than #bj years4 ,if death results from the violation of this section1 or if the violation includes kidnapping or an attempt to kidnap1 aggravated sexual abuse1 or the attempt to commit aggravated sexual abuse1 or an attempt to kill1 the defendant shall be imprisoned for any term of years or life4 #abfe4 ,sex trafficking of children or by force1 fraud1 or coercion 7a7 ,elements of the offense ,whoever knowingly-- 7#a7 in or affecting interstate or foreign commerce1 or within the special maritime and territorial jurisdiction of the ,united ,states1 recruits1 entices1 harbors1 transports1 provides1 obtains1 or maintains by any means a person2 or 7#b7 benefits1 financially or by receiving anything of value1 from participation in a venture which has engaged in an act described in violation of paragraph 7#a71 knowing1 or in reckless disregard of the fact1 that means of force1 threats of force1 fraud1 coercion described in subsection 7e77#b71 or any combination of such means will be used to cause the person to engage in a commercial sex act1 or that the person has not attained the age of #ah years and will be caused to engage in a commercial sex act1 shall be punished as provided in subsection 7b74 7b7 ,punishment ,the punishment for an offense under subsection 7a7 is-- 7#a7 if the offense was effected by means of force1 threats of force1 fraud1 or coercion described in subsection 7e77#b71 or by any combination of such means1 or if the person recruited1 enticed1 harbored1 transported1 provided1 or obtained had not attained the age of #ad years at the time of such offense1 by a fine under this title or imprisonment for any term of years or for life1 or both2 or 7#b7 if the offense was not so effected1 and the person recruited1 enticed1 harbored1 transported1 provided1 or obtained had attained the age of #ad years but had not attained the age of #ah years at the time of such offense1 by a fine under this title or imprisonment for not more than #dj years1 or both4 7c7 ,state of mind requirement ,in a prosecution under subsection 7a77#a7 in which the defendant had a reasonable opportunity to observe the person so recruited1 enticed1 harbored1 transported1 provided1 obtained or maintained1 the ,government need not prove that the defendant knew that the person had not attained the age of #ah years4 7d7 ,definitions ,as used in this section-- 7#a7 the term abuse or threatened abuse of law or legal process means the use or threatened use of a law or legal process1 whether administrative1 civil1 or criminal1 in any manner or for any purpose for which the law was not designed1 in order to exert pressure on another person to cause that person to take some action or refrain from taking some action2 7#b7 the term coercion means-- 7,a7 threats of serious harm to or physical restraint against any person2 7,b7 any scheme1 plan1 or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person2 or 7,c7 the abuse or threatened abuse of law or the legal process2 and 7#c7 the term commercial sex act means any sex act1 on account of which anything of value is given to or received by any person2 7#d7 the term serious harm means any harm1 whether physical or nonphysical1 including psychological1 financial1 or reputational harm1 that is sufficiently serious1 under all the surrounding circumstances1 to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing commercial sexual activity in order to avoid incurring that harm2 7#e7 the term venture means any group of two or more individuals associated in fact1 whether or not a legal entity4 #abff4 ,unlawful conduct with respect to documents in furtherance of trafficking1 peonage1 slavery1 involuntary servitude1 or forced labor 7a7 ,offense ,whoever knowingly destroys1 conceals1 removes1 confiscates1 or possesses any actual or purported passport or other immigration document1 or any other actual or purported government identification document1 of another person-- 7#a7 in the course of a violation of section #abfa1 #abfb1 #abfc1 #abfd1 or #abfe2 7#b7 with intent to violate section #abfa1 #abfb1 #abfc1 #abfd1 or #abfe2 or 7#c7 to prevent or restrict or to attempt to prevent or restrict1 without lawful authority1 the person's liberty to move or travel1 in order to maintain the labor or services of that person1 when the person is or has been a victim of a severe form of trafficking in persons1 as defined in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj1 shall be imprisoned for not more than #e years4 7b7 ,exclusion ,subsection 7a7 does not apply to the conduct of a person who is or has been a victim of a severe form of trafficking in persons1 as defined in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj1 if that conduct is caused by1 or incident to1 that trafficking4 #abfg4 ,civil remedy 7a7 ,civil action ,an individual who is a victim of a violation of this subchapter may bring a civil action against the perpetrator 7or whoever knowingly benefits1 financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this subchapter7 in an appropriate district court of the ,united ,states and may recover damages and reasonable attorneys fees4 7b7 ,stay 7#a7 ,any civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim4 7#b7 ,in this subsection1 a criminal action includes investigation and prosecution and is pending until final adjudication in the trial court4 7c7 ,limitation ,no action may be maintained under this section unless it is commenced not later than #aj years after the cause of action arose4 ,c ,,genocide ,sec4 #abha4 ,genocide4 #abhb4 ,definitions4 #abha4 ,genocide 7a7 ,basic offense ,whoever1 whether in time of peace or in time of war and with the specific intent to destroy1 in whole or in substantial part1 a national1 ethnic1 racial1 or religious group as such-- 7#a7 kills members of that group2 7#b7 causes serious bodily injury to members of that group2 7#c7 causes the permanent impairment of the mental faculties of members of the group through drugs1 torture1 or similar techniques2 7#d7 subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part2 7#e7 imposes measures intended to prevent births within the group2 or 7#f7 transfers by force children of the group to another group2 shall be punished as provided in subsection 7b74 7b7 ,punishment for basic offense ,the punishment for an offense under subsection 7a7 is-- 7#a7 in the case of an offense under subsection 7a77#a71 where death results1 by death or imprisonment for life and a fine of not more than #a1jjj1jjj1 or both2 and 7#b7 in any other case1 a fine of not more than #a1jjj1jjj or imprisonment for not more than twenty years1 or both4 7c7 ,incitement offense ,whoever directly and publicly incites another to violate subsection 7a7 shall be imprisoned not more than five years4 7d7 ,jurisdiction ,there is jurisdiction over the offenses described in subsections 7a7 and 7c7 if-- 7#a7 the offense is committed in whole or in part within the ,united ,states2 or 7#b7 regardless of where the offense is committed1 the alleged offender is-- 7,a7 a national of the ,united ,states 7as that term is defined in section #aja of the ,immigration and ,nationality ,act72 7,b7 an alien lawfully admitted for permanent residence in the ,united ,states 7as that term is defined in section #aja of the ,immigration and ,nationality ,act72 7,c7 a stateless person whose habitual residence is in the ,united ,states2 or 7,d7 present in the ,united ,states4 7e7 ,nonapplicability of certain limitations ,notwithstanding section #cbhb1 in the case of an offense under this section1 an indictment may be found1 or information instituted1 at any time without limitation4 #abhb4 ,definitions ,as used in this subchapter-- 7#a7 the term children means the plural and means individuals who have not attained the age of eighteen years2 7#b7 the term ethnic group means a set of individuals whose identity as such is distinctive in terms of common cultural traditions or heritage2 7#c7 the term incites means urges another to engage imminently in conduct in circumstances under which there is a substantial likelihood of imminently causing such conduct2 7#d7 the term members means the plural2 7#e7 the term national group means a set of individuals whose identity as such is distinctive in terms of nationality or national origins2 7#f7 the term racial group means a set of individuals whose identity as such is distinctive in terms of physical characteristics or biological descent2 7#g7 the term religious group means a set of individuals whose identity as such is distinctive in terms of common religious creed1 beliefs1 doctrines1 practices1 or rituals2 and 7#h7 the term substantial part means a part of a group of such numerical significance that the destruction or loss of that part would cause the destruction of the group as a viable entity within the nation of which such group is a part4 ,d ,,torture ,sec4 #abia4 ,torture4 #abib4 ,definitions4 #abia4 ,torture 7a7 ,offense ,whoever outside the ,united ,states commits or attempts to commit torture shall be imprisoned not more than #bj years and if death results to any person from conduct prohibited by this subsection1 shall be punished by death or imprisoned for any term of years or for life4 7b7 ,jurisdiction ,there is jurisdiction over the activity prohibited in subsection 7a7 if-- 7#a7 the alleged offender is a national of the ,united ,states2 or 7#b7 the alleged offender is present in the ,united ,states1 irrespective of the nationality of the victim or alleged offender4 7c7 ,conspiracy ,a person who conspires to commit an offense under this section shall be subject to the same penalties 7other than the penalty of death7 as the penalties prescribed for the offense1 the commission of which was the object of the conspiracy4 #abib4 ,definitions ,as used in this subchapter-- 7#a7 the term torture means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering 7other than pain or suffering incidental to lawful sanctions7 upon another person within his custody or physical control2 and 7#b7 the term severe mental pain or suffering means the prolonged mental harm caused by or resulting from-- 7,a7 the intentional infliction or threatened infliction of severe physical pain or suffering2 7,b7 the administration or application1 or threatened administration or application1 of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality2 7,c7 the threat of imminent death2 or 7,d7 the threat that another person will imminently be subjected to death1 severe physical pain or suffering1 or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality4 ,e ,,war ,,crimes ,sec4 #abif4 ,war crimes4 #abig4 ,recruitment or use of child soldiers4 #abif4 ,war crimes 7a7 ,offense ,whoever1 whether inside or outside the ,united ,states1 commits a war crime1 in any of the circumstances described in subsection 7b71 shall be imprisoned for life or any term of years and if death results to the victim1 shall also be subject to the penalty of death4 7b7 ,circumstances ,the circumstances referred to in subsection 7a7 are that the person committing such war crime or the victim of such war crime is a member of the ,armed ,forces of the ,united ,states or a national of the ,united ,states 7as defined in section #aja of the ,immigration and ,nationality ,act74 7c7 ,definition ,as used in this section the term war crime means any conduct-- 7#a7 defined as a grave breach in any of the international conventions signed at ,geneva #ab ,august #aidi1 or any protocol to such convention to which the ,united ,states is a party2 7#b7 prohibited by ,article #bc1 #be1 #bg1 or #bh of the ,annex to the ,hague ,convention ,,iv1 ,respecting the ,laws and ,customs of ,war on ,land1 signed #ah ,october #aijg2 7#c7 which constitutes a grave breach of common ,article #c 7as defined in subsection 7d77 when committed in the context of and in association with an armed conflict not of an international character2 or 7#d7 of a person who1 in relation to an armed conflict and contrary to the ,protocol on ,prohibitions or ,restrictions on the ,use of ,mines1 ,booby-,traps and ,other ,devices as amended at ,geneva on #c ,may #aiif 7,protocol ,,ii as amended on #c ,may #aiif71 when the ,united ,states is a party to such ,protocol1 knowingly kills or causes serious injury to civilians4 7d7 ,common ,article #c violations 7#a7 ,prohibited conduct ,in subsection 7c77#c71 the term grave breach of common ,article #c means any conduct 7such conduct constituting a grave breach of common ,article #c of the international conventions done at ,geneva ,august #ab1 #aidi71 as follows3 7,a7 ,torture ,the act of a person who commits an act specifically intended to inflict severe physical or mental pain or suffering 7other than pain or suffering incidental to lawful sanctions7 upon another person within his custody or physical control for the purpose of obtaining information or a confession1 punishment1 intimidation1 coercion1 or any reason based on discrimination of any kind4 7,b7 ,cruel or inhuman treatment ,the act of a person who commits an act intended to inflict severe or serious physical or mental pain or suffering 7other than pain or suffering incidental to lawful sanctions71 including serious physical abuse1 upon another within his custody or control4 7,c7 ,performing biological experiments ,the act of a person who subjects one or more persons within his custody or physical control to biological experiments without a legitimate medical or dental purpose and in so doing endangers the body or health of such person or persons4 7,d7 ,murder ,the act of a person who intentionally kills or kills whether intentionally or unintentionally in the course of committing any other offense under this subsection1 one or more persons taking no active part in the hostilities1 including those placed out of combat by sickness1 wounds1 detention1 or any other cause4 7,e7 ,mutilation or maiming ,the act of a person who intentionally injures or injures whether intentionally or unintentionally in the course of committing any other offense under this subsection1 one or more persons taking no active part in the hostilities1 including those placed out of combat by sickness1 wounds1 detention1 or any other cause1 by disfiguring the person or persons by any mutilation thereof or by permanently disabling any member1 limb1 or organ of his body1 without any legitimate medical or dental purpose4 7,f7 ,intentionally causing serious bodily injury ,the act of a person who intentionally causes serious bodily injury to one or more persons1 including lawful combatants1 in violation of the law of war4 7,g7 ,rape ,the act of a person who forcibly or with coercion or threat of force wrongfully invades the body of a person by penetrating1 however slightly1 the anal or genital opening of the victim with any part of the body of the accused1 or with any foreign object4 7,h7 ,sexual assault or abuse ,the act of a person who forcibly or with coercion or threat of force engages in sexual contact with one or more persons1 or causes one or more persons to engage in sexual contact4 7,i7 ,taking hostages ,the act of a person who1 having knowingly seized or detained one or more persons1 threatens to kill1 injure1 or continue to detain such person or persons with the intent of compelling any nation1 person other than the hostage1 or group of persons to act or refrain from acting as an explicit or implicit condition for the safety or release of such person or persons4 7#b7 ,definitions ,in the case of an offense under subsection 7a7 by reason of subsection 7c77#c7-- 7,a7 the term severe mental pain or suffering shall be applied for purposes of paragraphs 7#a77;,a7 and 7#a77;,b7 in accordance with the meaning given that term in section #abib7b72 7,b7 the term sexual contact shall be applied for purposes of paragraph 7#a77;,g7 in accordance with the meaning given that term in section #bje7b72 7,c7 the term serious physical pain or suffering shall be applied for purposes of paragraph 7#a77;,b7 as meaning bodily injury that involves-- 7i7 a substantial risk of death2 7ii7 extreme physical pain2 7iii7 a burn or physical disfigurement of a serious nature 7other than cuts1 abrasions1 or bruises72 or 7iv7 significant loss or impairment of the function of a bodily member1 organ1 or mental faculty2 and 7,d7 the term serious mental pain or suffering shall be applied for purposes of paragraph 7#a77;,b7 in accordance with the meaning given the term severe mental pain or suffering 7as defined in section #abib7b771 except that-- 7i7 the term serious shall replace the term severe where it appears2 and 7ii7 as to conduct occurring after the date of the enactment of the ,military ,commissions ,act of #bjjf1 the term serious and non-transitory mental harm 7which need not be prolonged7 shall replace the term prolonged mental harm where it appears4 7#c7 ,inapplicability of certain provisions with respect to collateral damage or incident of lawful attack ,the intent specified for the conduct stated in subparagraphs 7,d71 7,e71 and 7,f7 or paragraph 7#a7 precludes the applicability of those subparagraphs to an offense under subsection 7a7 by reasons of subsection 7c77#c7 with respect to-- 7,a7 collateral damage2 or 7,b7 death1 damage1 or injury incident to a lawful attack4 7#d7 ,inapplicability of taking hostages to prisoner exchange ,paragraph 7#a77;,i7 does not apply to an offense under subsection 7a7 by reason of subsection 7c77#c7 in the case of a prisoner exchange during wartime4 7#e7 ,definition of grave breaches ,the definitions in this subsection are intended only to define the grave breaches of common ,article #c and not the full scope of ,united ,states obligations under that ,article4 #abig4 ,recruitment or use of child soldiers 7a7 ,offense ,whoever knowingly-- 7#a7 recruits1 enlists1 or conscripts a person to serve while such person is under #ae years of age in an armed force or group2 or 7#b7 uses a person under #ae years of age to participate actively in hostilities2 knowing such person is under #ae years of age1 shall be punished as provided in subsection 7b74 7b7 ,penalty ,whoever violates subsection 7a7 shall be imprisoned not more than #bj years1 and1 if death of any person results1 shall be imprisoned for any term of years or for life4 7c7 ,extraterritorial jurisdiction ,there is extraterritorial jurisdiction over an offense under this section4 7d7 ,definitions ,in this section3 7#a7 ,participate actively in hostilities ,the term participate actively in hostilities means taking part in-- 7,a7 combat or military activities related to combat1 including sabotage and serving as a decoy1 a courier1 or at a military checkpoint2 or 7,b7 direct support functions related to combat1 including transporting supplies or providing other services4 7#b7 ,armed force or group ,the term armed force or group means any army1 militia1 or other military organization1 whether or not it is state-sponsored1 excluding any group assembled solely for nonviolent political association4 #cc ,,transportation-,,related ,,crimes ,subchapter ,a4 ,aircraft and motor vehicles ,b4 ,railroads ,c4 ,seamen and stowaways ,d4 ,maritime-related crimes ,a ,,aircraft ,,and ,,motor ,,vehicles #acja4 ,destruction of aircraft or aircraft facilities4 #acjb4 ,destruction of motor vehicles or motor vehicle facilities4 #acjc4 ,penalty when death results4 #acjd4 ,imparting or conveying false information4 #acje4 ,violence at international airports4 #acjf4 ,fraud involving aircraft or space vehicle parts in interstate or foreign commerce4 #acjg4 ,aircraft piracy4 #acjh4 ,interference with flight crew members and attendants4 #acji4 ,carrying a weapon or explosive on an aircraft4 #acaj4 ,application of certain criminal laws to acts on aircraft4 #acaa4 ,aiming a laser pointer at an aircraft4 #acab4 ,definitions4 #acja4 ,destruction of aircraft or aircraft facilities 7a7 ,in general ,whoever knowingly without authority-- 7#a7 sets fire to1 damages1 destroys1 disables1 or wrecks any aircraft in the special aircraft jurisdiction of the ,united ,states or any civil aircraft used1 operated1 or employed in interstate1 overseas1 or foreign air commerce2 7#b7 places or causes to be placed a destructive device or substance in1 upon1 or in proximity to1 or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use1 any such aircraft1 or any part or other materials used or intended to be used in connection with the operation of such aircraft1 if such placing or causing to be placed or such making or causing to be made is likely to endanger the safety of any such aircraft2 7#c7 sets fire to1 damages1 destroys1 or disables any air navigation facility1 or interferes by force or violence with the operation of such facility1 if such fire1 damaging1 destroying1 disabling1 or interfering is likely to endanger the safety of any such aircraft in flight2 7#d7 with the intent to damage1 destroy1 or disable any such aircraft1 sets fire to1 damages1 destroys1 or disables or places a destructive device or substance in1 upon1 or in proximity to1 any appliance or structure1 ramp1 landing area1 property1 machine1 or apparatus1 or any facility or other material used1 or intended to be used1 in connection with the operation1 maintenance1 loading1 unloading or storage of any such aircraft or any cargo carried or intended to be carried on any such aircraft2 7#e7 interferes with or disables1 with intent to endanger the safety of any person or with a reckless disregard for the safety of human life1 anyone engaged in the authorized operation of such aircraft or any air navigation facility aiding in the navigation of any such aircraft2 7#f7 performs an act of violence against or incapacitates any individual on any such aircraft1 if such act of violence or incapacitation is likely to endanger the safety of such aircraft2 or 7#g7 communicates information1 knowing the information to be false and under circumstances in which such information may reasonably be believed1 thereby endangering the safety of any such aircraft in flight1 shall be imprisoned not more than #bj years4 7b7 ,other civil aircraft ,whoever knowingly-- 7#a7 performs an act of violence against any individual on board any civil aircraft registered in a country other than the ,united ,states while such aircraft is in flight1 if such act is likely to endanger the safety of that aircraft2 7#b7 destroys a civil aircraft registered in a country other than the ,united ,states while such aircraft is in service or causes damage to such an aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft's safety in flight2 or 7#c7 places or causes to be placed on a civil aircraft registered in a country other than the ,united ,states while such aircraft is in service1 a device or substance which is likely to destroy that aircraft1 or to cause damage to that aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft's safety in flight1 shall be imprisoned not more than #bj years4 ,there is also extraterritorial jurisdiction over an offense under this subsection if a national of the ,united ,states was on board1 or would have been on board1 the aircraft2 an offender is a national of the ,united ,states2 or an offender is afterwards found in the ,united ,states4 7c7 ,threats ,whoever knowingly imparts or conveys any threat to do an act which would violate any of paragraphs 7#a7 through 7#f7 of subsection 7a7 or any of paragraphs 7#a7 through 7#c7 of subsection 7b7 of this section1 with an apparent determination and will to carry the threat into execution shall be imprisoned not more than five years4 #acjb4 ,destruction of motor vehicles or motor vehicle facilities 7a7 ,offense ,whoever-- 7#a7 knowingly1 with intent to endanger the safety of any person on board or anyone who he believes will board the same1 or with a reckless disregard for the safety of human life1 damages1 disables1 destroys1 tampers with1 or places or causes to be placed any explosive or other destructive substance in1 upon1 or in proximity to1 any motor vehicle which is used1 operated1 or employed in interstate or foreign commerce1 or its cargo or material used or intended to be used in connection with its operation2 7#b7 knowingly1 with like intent1 damages1 disables1 destroys2 7#c7 sets fire to1 tampers with1 or places or causes to be placed any explosive or other destructive substance in1 upon1 or in proximity to any garage1 terminal1 structure1 supply1 or facility used in the operation of1 or in support of the operation of1 motor vehicles engaged in interstate or foreign commerce or otherwise makes or causes such property to be made unworkable1 unusable1 or hazardous to work or use2 or 7#d7 with like intent1 knowingly disables or incapacitates any driver or person employed in connection with the operation or maintenance of the motor vehicle1 or in any way lessens the ability of such person to perform his duties as such2 shall be imprisoned not more than #bj years4 7b7 ,increased penalty ,whoever is convicted of a violation of subsection 7a7 involving a motor vehicle that1 at the time the violation occurred1 carried high-level radioactive waste 7as that term is defined in section #b7ab7 of the ,nuclear ,waste ,policy ,act of #aihb7 or spent nuclear fuel 7as that term is defined in section #b7bc7 of the ,nuclear ,waste ,policy ,act of #aihb71 shall be imprisoned for any term of years not less than #cj1 or for life4 #acjc4 ,penalty when death results ,whoever is convicted of any crime prohibited by this subchapter1 which has resulted in the death of any person1 shall be subject also to the death penalty or to imprisonment for life4 #acjd4 ,imparting or conveying false information 7a7 ,civil penalty ,whoever imparts or conveys or causes to be imparted or conveyed false information1 knowing the information to be false1 concerning an attempt or alleged attempt being made or to be made1 to do any act which would be a crime prohibited by this subchapter or subchapter ,b or ,d of this chapter shall be subject to a civil penalty of not more than #a1jjj which shall be recoverable in a civil action brought in the name of the ,united ,states4 7b7 ,criminal offense ,whoever knowingly1 or with reckless disregard for the safety of human life1 imparts or conveys or causes to be imparted or conveyed false information1 knowing the information to be false1 concerning an attempt or alleged attempt being made or to be made1 to do any act which would be a crime prohibited by this subchapter or subchapter ,b or ,d of this chapter shall be imprisoned not more than five years4 #acje4 ,violence at international airports 7a7 ,offense ,whoever unlawfully and knowingly1 using any device1 substance1 or weapon-- 7#a7 performs an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious bodily injury or death2 or 7#b7 destroys or seriously damages the facilities of an airport serving international civil aviation or a civil aircraft not in service located thereon or disrupts the services of the airport1 shall be imprisoned not more than #bj years1 and if the death of any person results from conduct prohibited by this subsection1 shall be punished as provided in chapter #aj4 7b7 ,jurisdiction ,there is jurisdiction over the prohibited activity in subsection 7a7 if-- 7#a7 the prohibited activity takes place in the ,united ,states2 or 7#b7 the prohibited activity takes place outside the ,united ,states and-- 7,a7 the offender is later found in the ,united ,states2 or 7,b7 an offender or a victim is a national of the ,united ,states4 7c7 ,bar to prosecution ,it is a bar to ,federal prosecution under subsection 7a7 for conduct that occurred within the ,united ,states that the conduct involved was during or in relation to a labor dispute1 and such conduct is prohibited as a felony under the law of the ,state in which it was committed4 7d7 ,definition ,as used in this section1 the term labor dispute has the meaning set forth in section #ac7;c7 of the ,act of ,march #bc1 #aicb 7#dg ,stat4 #gj7 7commonly known as the ,norris-,la,guardia ,act74 #acjf4 ,fraud involving aircraft or space vehicle parts in interstate or foreign commerce 7a7 ,offenses ,whoever1 in or affecting interstate or foreign commerce1 knowingly and with the intent to defraud-- 7#a7 7,a7 falsifies or conceals a material fact concerning any aircraft or space vehicle part2 7,b7 makes any materially fraudulent representation concerning any aircraft or space vehicle part2 or 7,c7 makes or uses any materially false writing1 entry1 certification1 document1 record1 data plate1 label1 or electronic communication concerning any aircraft or space vehicle part2 or 7#b7 exports from or imports or introduces into the ,united ,states1 sells1 trades1 installs on or in any aircraft or space vehicle any aircraft or space vehicle part using or by means of a fraudulent representation1 document1 record1 certification1 depiction1 data plate1 label1 or electronic communication2 shall be punished as provided in subsection 7b74 7b7 ,penalties ,the punishment for an offense under subsection 7a7 is as follows3 7#a7 ,aviation quality ,if the offense relates to the aviation quality of a part and the part is installed in an aircraft or space vehicle1 a fine of not more than #ejj1jjj1 imprisonment for not more than #ae years1 or both4 7#b7 ,failure to operate as represented ,if1 by reason of the failure of the part to operate as represented1 the part to which the offense is related is the proximate cause of a malfunction or failure that results in serious bodily injury1 a fine of not more than #a1jjj1jjj1 imprisonment for not more than #bj years1 or both4 7#c7 ,failure resulting in death ,if1 by reason of the failure of the part to operate as represented1 the part to which the offense is related is the proximate cause of a malfunction or failure that results in the death of any person1 a fine of not more than #a1jjj1jjj1 imprisonment for any term of years or life1 or both4 7#d7 ,other circumstances ,in the case of an offense under subsection 7a7 not described in paragraph 7#a71 7#b71 or 7#c7 of this subsection1 a fine under this title1 imprisonment for not more than #aj years1 or both4 7#e7 ,organizations ,if the offense is committed by an organization1 a fine of not more than-- 7,a7 #aj1jjj1jjj in the case of an offense described in paragraph 7#a7 or 7#d72 and 7,b7 #bj1jjj1jjj in the case of an offense described in paragraph 7#b7 or 7#c74 7c7 ,civil remedies ,the district courts of the ,united ,states shall have jurisdiction to prevent and restrain violations of this section by issuing appropriate orders1 including-- 7#a7 ordering a person 7convicted of an offense under this section7 to divest any interest1 direct or indirect1 in any enterprise used to commit or facilitate the commission of the offense1 or to destroy1 or to mutilate and sell as scrap1 aircraft material or part inventories or stocks2 7#b7 imposing reasonable restrictions on the future activities or investments of any such person1 including prohibiting engagement in the same type of endeavor as used to commit the offense2 and 7#c7 ordering the dissolution or reorganization of any enterprise knowingly used to commit or facilitate the commission of an offense under this section making due provisions for the rights and interests of innocent persons4 7d7 ,extraterritorial jurisdiction ,there is extraterritorial jurisdiction over an offense under this section4 #acjg4 ,aircraft piracy 7a7 ,in special aircraft jurisdiction 7#a7 ,for the purposes of this subsection-- 7,a7 the term aircraft piracy means seizing or exercising control of an aircraft in the special aircraft jurisdiction of the ,united ,states by force1 violence1 threat of force or violence1 or any form of intimidation1 and with wrongful intent2 and 7,b7 an attempt to commit aircraft piracy is in the special aircraft jurisdiction of the ,united ,states although the aircraft is not in flight at the time of the attempt if the aircraft would have been in the special aircraft jurisdiction of the ,united ,states had the aircraft piracy been completed4 7#b7 ,whoever commits aircraft piracy shall be imprisoned for not less than #bj years4 7b7 ,outside special aircraft jurisdiction 7#a7 ,whoever commits an offense 7as defined in the ,convention for the ,suppression of ,unlawful ,seizure of ,aircraft7 on an aircraft in flight outside the special aircraft jurisdiction of the ,united ,states shall be imprisoned for at least #bj years4 7#b7 ,there is extraterritorial jurisdiction over the offense in paragraph 7#a7 if-- 7,a7 a national of the ,united ,states was aboard the aircraft2 7,b7 an offender is a national of the ,united ,states2 or 7,c7 an offender is afterwards found in the ,united ,states4 #acjh4 ,interference with flight crew members and attendants ,an individual on an aircraft in the special aircraft jurisdiction of the ,united ,states who1 by assaulting or intimidating a flight crew member or flight attendant of the aircraft1 interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties1 shall be imprisoned for not more than #bj years4 ,however1 if a dangerous weapon is used in assaulting or intimidating the member or attendant1 the individual shall be imprisoned for any term of years or for life4 #acji4 ,carrying a weapon or explosive on an aircraft 7a7 ,definition ,in this section1 loaded firearm means a starter gun or a weapon designed or converted to expel a projectile through an explosive1 that has a cartridge1 a detonator1 or powder in the chamber1 magazine1 cylinder1 or clip4 7b7 ,general criminal penalty ,an individual shall be imprisoned for not more than #aj years if the individual-- 7#a7 when on1 or attempting to get on1 an aircraft in1 or intended for operation in1 air transportation or intrastate air transportation1 has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight2 7#b7 has placed1 attempted to place1 or attempted to have placed a loaded firearm on that aircraft in property not accessible to passengers in flight2 or 7#c7 has on or about the individual1 or has placed1 attempted to place1 or attempted to have placed on that aircraft1 an explosive or incendiary device4 7c7 ,criminal penalty involving disregard for human life ,an individual who willfully and without regard for the safety of human life1 or with reckless disregard for the safety of human life1 violates subsection 7b7 of this section1 shall be imprisoned for not more than #bj years1 and1 if death results to any person1 shall be imprisoned for any term of years or for life4 7d7 ,nonapplication ,subsection 7b77#a7 of this section does not apply to-- 7#a7 a law enforcement officer of a ,state or political subdivision of a ,state1 or an officer or employee of the ,united ,states ,government1 authorized to carry arms in an official capacity2 7#b7 another individual the ,administrator of the ,federal ,aviation ,administration or the ,under ,secretary of ,transportation for ,security by regulation authorizes to carry a dangerous weapon in air transportation or intrastate air transportation2 or 7#c7 an individual transporting a weapon 7except a loaded firearm7 in baggage not accessible to a passenger in flight if the air carrier was informed of the presence of the weapon4 #acaj4 ,application of certain criminal laws to acts on aircraft ,an individual on an aircraft in the special aircraft jurisdiction of the ,united ,states who commits an act that-- 7#a7 if committed in the special maritime and territorial jurisdiction of the ,united ,states would violate section #ajb1 #aaa1 #aba1 #ada1 #fdi1 #fej1 or subchapter ,a of chapter #ac1 shall be imprisoned under that section or chapter2 or 7#b7 if committed in the ,district of ,columbia would violate section #i of the ,act of ,july #bi1 #ahib 7,d4,c4 ,code ,sec4 #bb-aaab71 shall be imprisoned under section #i of the ,act4 #acaa4 ,aiming a laser pointer at an aircraft 7a7 ,offense ,whoever knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the ,united ,states1 or at the flight path of such an aircraft1 shall be fined under this title or imprisoned not more than #e years1 or both4 7b7 ,laser ,pointer ,defined ,as used in this section1 the term laser pointer means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate1 mark1 or identify a specific position1 place1 item1 or object4 7c7 ,exceptions ,this section does not prohibit aiming a beam of a laser pointer at an aircraft1 or the flight path of such an aircraft1 by-- 7#a7 an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer1 the ,federal ,aviation ,administration1 or any other person authorized by the ,federal ,aviation ,administration to conduct such research and development or flight test operations2 7#b7 members or elements of the ,department of ,defense or ,department of ,homeland ,security acting in an official capacity for the purpose of research1 development1 operations1 testing1 or training2 or 7#c7 by an individual using a laser emergency signaling device to send an emergency distress signal4 7d7 ,authority ,to ,establish ,additional ,exceptions by ,regulation ,the ,attorney ,general1 in consultation with the ,secretary of ,transportation1 may provide by regulation1 after public notice and comment1 such additional exceptions to this section as may be necessary and appropriate4 ,the ,attorney ,general shall provide written notification of any proposed regulations under this section to the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 not less than #ij days before such regulations become final4 #acab4 ,definitions 7a7 ,definitions ,as used in sections #acja through #acjf1 the following definitions apply3 7#a7 ,aircraft ,the term aircraft means a civil1 military1 or public contrivance invented1 used1 or designed to navigate1 fly1 or travel in the air4 7#b7 ,aviation quality ,the term aviation quality1 with respect to a part of an aircraft or space vehicle1 means the quality of having been manufactured1 constructed1 produced1 maintained1 repaired1 overhauled1 rebuilt1 reconditioned1 or restored in conformity with applicable standards specified by law 7including applicable regulations74 7#c7 ,destructive substance ,the term destructive substance means an explosive substance1 flammable material1 infernal machine1 or other chemical1 mechanical1 or radioactive device or matter of a combustible1 contaminative1 corrosive1 or explosive nature4 7#d7 ,in flight ,the term in flight means-- 7,a7 any time from the moment at which all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation2 and 7,b7 in the case of a forced landing1 until competent authorities take over the responsibility for the aircraft and the persons and property on board4 7#e7 ,in service ,the term in service means-- 7,a7 any time from the beginning of preflight preparation of an aircraft by ground personnel or by the crew for a specific flight until #bd hours after any landing2 and 7,b7 in any event includes the entire period during which the aircraft is in flight4 7#f7 ,motor vehicle ,the term motor vehicle means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers1 passengers and property1 or property or cargo4 7#g7 ,part ,the term part means a frame1 assembly1 component1 appliance1 engine1 propeller1 material1 part1 spare part1 piece1 section1 or related integral or auxiliary equipment4 7#h7 ,space vehicle ,the term space vehicle means a man-made device1 either manned or unmanned1 designed for operation beyond the ,earth's atmosphere4 7#i7 ,used for commercial purposes ,the term used for commercial purposes means the carriage of persons or property for any fare1 fee1 rate1 charge or other consideration1 or directly or indirectly in connection with any business1 or other undertaking intended for profit4 7b7 ,terms defined in other law ,in this subchapter1 the terms aircraft engine1 air navigation facility1 appliance1 civil aircraft1 foreign air commerce1 interstate air commerce1 landing area1 overseas air commerce1 propeller1 spare part1 and special aircraft jurisdiction of the ,united ,states have the meanings given those terms in sections #djajb7;a7 and #dfeja of title #di4 ,b ,,railroads ,sec4 #acca4 ,terrorist attacks and other violence against railroad carriers and against mass transportation systems on land1 on water1 or through the air4 #acca4 ,terrorist attacks and other violence against railroad carriers and against mass transportation systems on land1 on water1 or through the air 7a7 ,general prohibitions ,whoever1 as made applicable by subsection 7c71 knowingly and without lawful authority-- 7#a7 wrecks1 derails1 sets fire to1 or disables railroad on-track equipment or a mass transportation vehicle2 7#b7 places any biological agent or toxin1 destructive substance1 or destructive device in1 upon1 or near railroad on-track equipment or a mass transportation vehicle with intent to endanger the safety of any person1 or with a reckless disregard for the safety of human life2 7#c7 places or releases a hazardous material or a biological agent or toxin on or near any property described in subparagraph 7,a7 or 7,b7 of paragraph 7#d71 with intent to endanger the safety of any person1 or with reckless disregard for the safety of human life2 7#d7 sets fire to1 undermines1 makes unworkable1 unusable1 or hazardous to work on or use1 or places any biological agent or toxin1 destructive substance1 or destructive device in1 upon1 or near any-- 7,a7 tunnel1 bridge1 viaduct1 trestle1 track1 electromagnetic guideway1 signal1 station1 depot1 warehouse1 terminal1 or any other way1 structure1 property1 or appurtenance used in the operation of1 or in support of the operation of1 a railroad carrier1 and with intent to1 or knowing or having reason to know such activity would likely1 derail1 disable1 or wreck railroad on-track equipment2 or 7,b7 garage1 terminal1 structure1 track1 electromagnetic guideway1 supply1 or facility used in the operation of1 or in support of the operation of1 a mass transportation vehicle1 and with intent to1 or knowing or having reason to know1 such activity would likely1 derail1 disable1 or wreck a mass transportation vehicle used1 operated1 or employed by a mass transportation provider2 7#e7 removes an appurtenance from1 damages1 or otherwise impairs the operation of a railroad signal system or mass transportation signal or dispatching system1 including a train control system1 centralized dispatching system1 or highway-railroad grade crossing warning signal2 7#f7 with intent to endanger the safety of any person1 or with a reckless disregard for the safety of human life1 interferes with1 disables1 or incapacitates any dispatcher1 driver1 captain1 locomotive engineer1 railroad conductor1 or other person while the person is employed in dispatching1 operating1 controlling1 or maintaining railroad on-track equipment or a mass transportation vehicle2 7#g7 commits an act1 including the use of a dangerous weapon1 with the intent to cause death or serious bodily injury to any person who is on property described in subparagraph 7,a7 or 7,b7 of paragraph 7#d72 7#h7 surveils1 photographs1 videotapes1 diagrams1 or otherwise collects information with the intent to plan or assist in planning any of the acts described in paragraphs 7#a7 through 7#f72 7#i7 conveys false information1 knowing the information to be false1 concerning an attempt or alleged attempt to engage in a violation of this subsection2 or 7#aj7 threatens to engage in any violation of any of paragraphs 7#a7 through 7#i72 shall be imprisoned not more than #bj years1 and if the offense results in the death of any person1 shall be imprisoned for any term of years or for life1 or be subject to the penalty of death1 except in the case of a violation of paragraph 7#h71 7#i71 or 7#aj74 7b7 ,aggravated offense ,whoever commits an offense under subsection 7a7 of this section in a circumstance in which-- 7#a7 the railroad on-track equipment or mass transportation vehicle was carrying a passenger or employee at the time of the offense2 7#b7 the railroad on-track equipment or mass transportation vehicle was carrying high-level radioactive waste or spent nuclear fuel at the time of the offense2 or 7#c7 the offense was committed with the intent to endanger the safety of any person1 or with a reckless disregard for the safety of any person1 and the railroad on-track equipment or mass transportation vehicle was carrying a hazardous material at the time of the offense that-- 7,a7 was required to be placarded under subpart ,f of part #agb of title #di1 ,code of ,federal ,regulations2 and 7,b7 is identified as class number #c1 #d1 #e1 #f4a1 or #h and packing group ,i or packing group ,,ii1 or class number #a1 #b1 or #g under the hazardous materials table of section #agb4aja of title #di1 ,code of ,federal ,regulations1 shall be imprisoned for any term of years or life1 and if the offense resulted in the death of any person1 the person may be sentenced to death4 7c7 ,applicability ,subsection 7a7 applies if any of the following are true3 7#a7 ,any of the conduct required for the offense is1 or1 in the case of an attempt1 threat1 or conspiracy to engage in conduct1 the conduct required for the completed offense would be1 engaged in1 on1 against1 or affecting a mass transportation provider1 or a railroad carrier engaged in interstate or foreign commerce4 7#b7 ,any person travels or communicates across a ,state line in order to commit the offense1 or transports materials across a ,state line in aid of the commission of the offense4 7d7 ,definitions ,as used in this section-- 7#a7 the term biological agent has the meaning given to that term in section #fbg7a72 7#b7 the term dangerous weapon means a weapon1 device1 instrument1 material1 or substance1 animate or inanimate1 that is used for1 or is readily capable of1 causing death or serious bodily injury1 including a pocket knife with a blade of less than #b inches in length and a box cutter2 7#c7 the term destructive device has the meaning given to that term in section #eha7b72 7#d7 the term destructive substance means an explosive substance1 flammable material1 infernal machine1 or other chemical1 mechanical1 or radioactive device or material1 or matter of a combustible1 contaminative1 corrosive1 or explosive nature1 except that the term radioactive device does not include any radioactive device or material used solely for medical1 industrial1 research1 or other peaceful purposes2 7#e7 the term hazardous material has the meaning given to that term in chapter #ea of title #di2 7#f7 the term high-level radioactive waste has the meaning given to that term in section #b7ab7 of the ,nuclear ,waste ,policy ,act of #aihb2 7#g7 the term mass transportation has the meaning given to that term in section #ecjb7;a77#g7 of title #di1 except that the term includes intercity bus transportation1 school bus1 charter1 and sightseeing transportation and passenger vessel as that term is defined in section #baja7bb7 of title #df2 7#h7 the term on-track equipment means a carriage or other contrivance that runs on rails or electromagnetic guideways2 7#i7 the term railroad on-track equipment means a train1 locomotive1 tender1 motor unit1 freight or passenger car1 or other on-track equipment used1 operated1 or employed by a railroad carrier2 7#aj7 the term railroad has the meaning given to that term in chapter #bja of title #di2 7#aa7 the term railroad carrier has the meaning given to that term in chapter #bja of title #di2 7#ab7 the term spent nuclear fuel has the meaning given to that term in section #b7bc7 of the ,nuclear ,waste ,policy ,act of #aihb2 7#ac7 the term toxin has the meaning given to that term in section #fbg7b72 and 7#ad7 the term vehicle means any carriage or other contrivance used1 or capable of being used1 as a means of transportation on land1 on water1 or through the air4 ,c ,,seamen ,,and ,,stowaways ,sec4 #acda4 ,drunkenness or neglect of duty by seamen4 #acdb4 ,misuse of ,federal certificate1 license1 or document4 #acdc4 ,stowaways on vessels or aircraft4 #acda4 ,drunkenness or neglect of duty by seamen ,whoever1 being a master1 officer1 radio operator1 seaman1 apprentice or other person employed on any merchant vessel1 by willful breach of duty1 or by reason of drunkenness1 does any act tending to the immediate loss or destruction of1 or serious damage to1 such vessel1 or tending immediately to endanger the life or limb of any person belonging to or on board of such vessel2 or1 by knowing breach of duty or by neglect of duty or by reason of drunkenness1 refuses or omits to do any lawful act proper and requisite to be done by him for preserving such vessel from immediate loss1 destruction1 or serious damage1 or for preserving any person belonging to or on board of such ship from immediate danger to life or limb1 shall be imprisoned not more than one year4 #acdb4 ,misuse of ,federal certificate1 license1 or document ,whoever-- 7#a7 not being lawfully entitled thereto1 uses1 exhibits1 or attempts to use or exhibit1 or1 with intent unlawfully to use the same1 receives or possesses any certificate1 license1 or document issued to vessels1 or officers or seamen by any officer or employee of the ,united ,states authorized by law to issue the same2 7#b7 without authority1 alters or attempts to alter any such certificate1 license1 or document by addition1 interpolation1 deletion1 or erasure2 7#c7 forges1 counterfeits1 or steals1 or attempts to forge1 counterfeit1 or steal1 any such certificate1 license1 or document2 or unlawfully possesses or knowingly uses any such altered1 changed1 forged1 counterfeit1 or stolen certificate1 license1 or document2 7#d7 without authority1 prints or manufactures any blank form of such certificate1 license1 or document2 7#e7 possesses without lawful excuse1 and with intent unlawfully to use the same1 any blank form of such certificate1 license1 or document2 or 7#f7 in any manner1 transfers or negotiates such transfer of1 any blank form of such certificate1 license1 or document1 or any such altered1 forged1 counterfeit1 or stolen certificate1 license1 or document1 or any such certificate1 license1 or document to which the party transferring or receiving the same is not lawfully entitled2 shall be imprisoned not more than five years4 #acdc4 ,stowaways on vessels or aircraft 7a7 ,offense ,whoever-- 7#a7 without the consent of the owner1 charterer1 master1 or person in command of any vessel1 or aircraft1 with intent to obtain transportation1 boards1 enters or secretes himself aboard such vessel or aircraft and is thereon at the time of departure of said vessel or aircraft from a port1 harbor1 wharf1 airport or other place within the jurisdiction of the ,united ,states2 7#b7 with like intent1 having boarded1 entered or secreted himself aboard a vessel or aircraft at any place within or without the jurisdiction of the ,united ,states1 remains aboard after the vessel or aircraft has left such place and is thereon at any place within the jurisdiction of the ,united ,states2 or 7#c7 with intent to obtain a ride or transportation1 boards or enters any aircraft owned or operated by the ,united ,states without the consent of the person in command or other duly authorized officer or agent2 shall be punished as provided in subsection 7b74 7b7 ,punishment ,the punishment for an offense under subsection 7a7 is imprisonment for not more than #e years1 but-- 7#a7 if the person commits an offense under this section1 with the intent to commit serious bodily injury1 and serious bodily injury occurs to any person other than a participant as a result of the offense shall be imprisoned not more than #bj years2 and 7#b7 if an individual commits an offense under this section1 with the intent to cause death1 and if the death of any person other than a participant occurs as a result of the offense shall be imprisoned for any number of years or for life4 7c7 ,definition ,as used in this section the term aircraft includes any contrivance for navigation or flight in the air4 ,d ,shipping #acde4 ,violence against maritime navigation4 #acdf4 ,devices or dangerous substances in waters of the ,united ,states likely to destroy or damage ,ships or to interfere with maritime commerce4 #acdg4 ,violence against aids to maritime navigation4 #acdh4 ,transportation of explosive1 biological1 chemical1 or radioactive or nuclear materials4 #acdi4 ,transportation of terrorists4 #acej4 ,operation of submersible vessel or semi-submersible vessel without nationality4 #acde4 ,violence against maritime navigation 7a7 ,offenses 7#a7 ,in general ,a person who unlawfully and intentionally-- 7,a7 seizes or exercises control over a ship by force or threat thereof or any other form of intimidation2 7,b7 performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship2 7,c7 destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship2 7,d7 places or causes to be placed on a ship1 by any means whatsoever1 a device or substance which is likely to destroy that ship1 or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship2 7,e7 destroys or seriously damages maritime navigational facilities or seriously interferes with their operation1 if such act is likely to endanger the safe navigation of a ship2 7,f7 communicates information1 knowing the information to be false and under circumstances in which such information may reasonably be believed1 thereby endangering the safe navigation of a ship2 or 7,g7 injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraphs 7,a7 through 7,f71 shall be imprisoned not more than #bj years2 and if the death of any person results from conduct prohibited by this paragraph1 shall be punished by death or imprisoned for any term of years or for life4 7#b7 ,threat to navigation ,a person who threatens to do any act prohibited under paragraph 7#a77;,b71 7,c7 or 7,e71 with apparent determination and will to carry the threat into execution1 if the threatened act is likely to endanger the safe navigation of the ship in question1 shall be imprisoned not more than #e years4 7b7 ,jurisdiction ,there is jurisdiction over the activity prohibited in subsection 7a7-- 7#a7 in the case of a covered ship1 if-- 7,a7 such activity is committed-- 7i7 against or on board a ship flying the flag of the ,united ,states at the time the prohibited activity is committed2 7ii7 in the ,united ,states2 or 7iii7 by a national of the ,united ,states or by a stateless person whose habitual residence is in the ,united ,states2 7,b7 during the commission of such activity1 a national of the ,united ,states is seized1 threatened1 injured or killed2 or 7,c7 the offender is later found in the ,united ,states after such activity is committed2 7#b7 in the case of a ship navigating or scheduled to navigate solely within the territorial sea or internal waters of a country other than the ,united ,states1 if the offender is later found in the ,united ,states after such activity is committed2 and 7#c7 in the case of any vessel1 if such activity is committed in an attempt to compel the ,united ,states to do or abstain from doing any act4 7c7 ,bar to prosecution ,it is a bar to ,federal prosecution under subsection 7a7 for conduct that occurred within the ,united ,states that the conduct involved was during or in relation to a labor dispute1 and such conduct is prohibited as a felony under the law of the ,state in which it was committed4 ,for purposes of this section1 the term labor dispute has the meaning set forth in section #ac7;c7 of the ,act of ,march #bc1 #aicb 7#dg ,stat4 #gj7 7commonly known as the ,norris-,la,guardia ,act74 7d7 ,delivery of suspected offender ,the master of a covered ship flying the flag of the ,united ,states who has reasonable grounds to believe that there is on board that ship any person who has committed an offense under ,article #c of the ,convention for the ,suppression of ,unlawful ,acts ,against the ,safety of ,maritime ,navigation may deliver such person to the authorities of a ,state ,party to that ,convention4 ,before delivering such person to the authorities of another country1 the master shall notify in an appropriate manner the ,attorney ,general of the ,united ,states of the alleged offense and await instructions from the ,attorney ,general as to what action to take4 ,when delivering the person to a country which is a ,state ,party to the ,convention1 the master shall1 whenever practicable1 and if possible before entering the territorial sea of such country1 notify the authorities of such country of the master's intention to deliver such person and the reasons therefor4 ,if the master delivers such person1 the master shall furnish to the authorities of such country the evidence in the master's possession that pertains to the alleged offense4 7e7 ,definitions ,as used in this section-- 7#a7 the term covered ship means a ship that is navigating or is scheduled to navigate into1 through or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country2 7#b7 the term territorial sea of the ,united ,states means all waters extending seaward to #ab nautical miles from the baselines of the ,united ,states determined in accordance with international law2 and 7#c7 the term ship means a vessel of any type whatsoever not permanently attached to the sea-bed1 including dynamically supported craft1 submersibles or any other floating craft1 but does not include a warship1 a ship owned or operated by a government when being used as a naval auxiliary or for customs or police purposes1 or a ship which has been withdrawn from navigation or laid up4 #acdf4 ,devices or dangerous substances in waters of the ,united ,states likely to destroy or damage ships or to interfere with maritime commerce 7a7 ,offense ,whoever knowingly places in navigable waters of the ,united ,states a device or dangerous substance which is likely-- 7#a7 to destroy or cause damage to a vessel or its cargo2 7#b7 to cause interference with the safe navigation of vessels1 or interference with maritime commerce 7such as by damaging or destroying marine terminals1 facilities1 or any other marine structure or entity used in maritime commerce72 with the intent of causing such destruction or damage1 interference with the safe navigation of vessels1 or interference with maritime commerce shall be imprisoned for any term of years or for life4 7b7 ,special rule for offense resulting in death ,whoever causes the death of any person by engaging in conduct prohibited under subsection 7a7 may be punished by death4 7c7 ,rule of construction ,nothing in this section shall be construed to apply to otherwise lawfully authorized and conducted activities of the ,united ,states ,government4 7d7 ,definitions ,as used in this section-- 7#a7 the term dangerous substance means any solid1 liquid1 or gaseous material that has the capacity to cause damage to a vessel or its cargo1 or cause interference with the safe navigation of a vessel2 and 7#b7 the term device means any object that1 because of its physical1 mechanical1 structural1 or chemical properties1 has the capacity to cause damage to a vessel or its cargo1 or cause interference with the safe navigation of a vessel4 #acdg4 ,violence against aids to maritime navigation ,whoever intentionally destroys1 seriously damages1 alters1 moves1 or tampers with any aid to maritime navigation maintained by the ,saint ,lawrence ,seaway ,development ,corporation under the authority of section #d of the ,act of ,may #ac1 #aied 7#fh ,stat4 #ib71 by the ,coast ,guard pursuant to section #ha of title #ad1 or lawfully maintained under authority granted by the ,coast ,guard pursuant to section #hc of title #ad1 if such act endangers or is likely to endanger the safe navigation of a ship1 shall imprisoned for not more than #bj years4 #acdh4 ,transportation of explosive1 biological1 chemical1 or radioactive or nuclear materials 7a7 ,in general ,whoever knowingly transports aboard any vessel within the ,united ,states and on waters subject to the jurisdiction of the ,united ,states or any vessel outside the ,united ,states and on the high seas or having ,united ,states nationality an explosive or incendiary device1 biological agent1 chemical weapon1 or radioactive or nuclear material1 knowing that any such item is intended to be used to commit an offense listed in section #bgc7;g77#c77;,b71 shall be imprisoned for any term of years or for life4 7b7 ,causing death ,whoever causes the death of a person by engaging in conduct prohibited by subsection 7a7 may be punished by death4 7c7 ,definitions ,in this section3 7#a7 ,biological agent ,the term biological agent means any biological agent1 toxin1 or vector 7as those terms are defined in section #fbg74 7#b7 ,by-product material ,the term by-product material has the meaning given that term in section #aa7;e7 of the ,atomic ,energy ,act of #aied4 7#c7 ,chemical weapon ,the term chemical weapon has the meaning given that term in section #fcf7a74 7#d7 ,explosive or incendiary device ,the term explosive or incendiary device has the meaning given the term in section #bif7;c77#d7 and includes explosive materials1 as that term is defined in section #faa7a7 and explosive as defined in section #fad7;j74 7#e7 ,nuclear material ,the term nuclear material has the meaning given that term in section #fja7;f77#a74 7#f7 ,radioactive material ,the term radioactive material means-- 7,a7 source material and special nuclear material1 but does not include natural or depleted uranium2 7,b7 nuclear by-product material2 7,c7 material made radioactive by bombardment in an accelerator2 or 7,d7 all refined isotopes of radium4 7#g7 ,source material ,the term source material has the meaning given that term in section #aa7z7 of the ,atomic ,energy ,act of #aied4 7#h7 ,special nuclear material ,the term special nuclear material has the meaning given that term in section #aa7;aa7 of the ,atomic ,energy ,act of #aied4 #acdi4 ,transportation of terrorists 7a7 ,in general ,whoever knowingly and intentionally transports any terrorist aboard any vessel within the ,united ,states and on waters subject to the jurisdiction of the ,united ,states or any vessel outside the ,united ,states and on the high seas or having ,united ,states nationality1 knowing that the transported person is a terrorist1 shall be imprisoned for any term of years or for life4 7b7 ,defined term ,in this section1 the term terrorist means any person who intends to commit1 or is avoiding apprehension after having committed1 an offense listed under section #bgc7;g77#c77;,b74 #acej4 ,operation of submersible vessel or semi-submersible vessel without nationality 7a7 ,offense ,whoever knowingly operates1 by any means1 or embarks in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into1 through1 or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country1 with the intent to evade detection1 shall be imprisoned not more than #ae years4 7b7 ,evidence of intent ,to evade detection ,for purposes of subsection 7a71 the presence of any of the indicia described in paragraph 7#a77;,a71 7,e71 7,f71 or 7,g71 or in paragraph 7#d71 7#e71 or 7#f71 of section #gjejg7;b7 of title #df may be considered1 in the totality of the circumstances1 to be prima facie evidence of intent to evade detection4 7c7 ,extraterritorial jurisdiction ,there is extraterritorial ,federal jurisdiction over an offense under this section4 7d7 ,claim of nationality or registry ,a claim of nationality or registry under this section includes only-- 7#a7 possession on board the vessel and production of documents evidencing the vessel's nationality as provided in article #e of the #aieh ,convention on the ,high ,seas2 7#b7 flying its nation's ensign or flag2 or 7#c7 a verbal claim of nationality or registry by the master or individual in charge of the vessel4 7e7 ,affirmative defenses 7#a7 ,in general ,it is an affirmative defense to a prosecution for a violation of subsection 7a71 which the defendant has the burden to prove by a preponderance of the evidence1 that the submersible vessel or semi-submersible vessel involved was1 at the time of the offense-- 7,a7 a vessel of the ,united ,states or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the ,united ,states authorized to enforce applicable provisions of ,united ,states law2 7,b7 classed by and designed in accordance with the rules of a classification society2 7,c7 lawfully operated in government-regulated or licensed activity1 including commerce1 research1 or exploration2 or 7,d7 equipped with and using an operable automatic identification system1 vessel monitoring system1 or long range identification and tracking system4 7#b7 ,production of documents ,the affirmative defenses provided by this subsection are proved conclusively by the production of-- 7,a7 government documents evidencing the vessel's nationality at the time of the offense1 as provided in article #e of the #aieh ,convention on the ,high ,seas2 7,b7 a certificate of classification issued by the vessel's classification society upon completion of relevant classification surveys and valid at the time of the offense2 or 7,c7 government documents evidencing licensure1 regulation1 or registration for commerce1 research1 or exploration4 7f7 ,federal activities excepted ,nothing in this section applies to lawfully authorized activities carried out by or at the direction of the ,united ,states ,government4 7g7 ,applicability of other provisions ,sections #gjejd and #gjeje of title #df apply to offenses under this section in the same manner as they apply to offenses under section #gjejc of such title4 7h7 ,definitions ,in this section1 the terms submersible vessel1 semi-submersible vessel1 vessel of the ,united ,states1 and vessel without nationality have the meaning given those terms in section #gjejb of title #df4 ,e ,,destruction ,,of1 ,,or ,,interference ,,with1 ,,vessels ,,or ,,maritime ,,facilities #acea4 ,nonapplication of subchapter4 #aceb4 ,destruction of vessel or maritime facility4 #acec4 ,imparting or conveying false information4 #aced4 ,bar to prosecution4 #acee4 ,bribery affecting port ,security4 #acea4 ,nonapplication of subchapter ,nothing in this subchapter applies to otherwise lawful activities carried out by or at the direction of the ,united ,states ,government4 #aceb4 ,destruction of vessel or maritime facility 7a7 ,offense ,whoever1 within waters subject to the jurisdiction of the ,united ,states or outside the ,united ,states1 knowingly-- 7#a7 sets fire to1 damages1 destroys1 disables1 or wrecks any vessel2 7#b7 places or causes to be placed a destructive device1 as defined in section #eha7b71 destructive substance1 as defined in section #acaa1 or an explosive1 as defined in section #faa1 in1 upon1 or near1 or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use1 any vessel1 or any part or other materials used or intended to be used in connection with the operation of a vessel2 7#c7 sets fire to1 damages1 destroys1 or disables or places a destructive device or substance in1 upon1 or near1 any maritime facility1 including any aid to navigation1 lock1 canal1 or vessel traffic service facility or equipment2 7#d7 interferes by force or violence with the operation of any maritime facility1 including any aid to navigation1 lock1 canal1 or vessel traffic service facility or equipment1 if such action is likely to endanger the safety of any vessel in navigation2 7#e7 sets fire to1 damages1 destroys1 or disables or places a destructive device or substance in1 upon1 or near1 any appliance1 structure1 property1 machine1 or apparatus1 or any facility or other material used1 or intended to be used1 in connection with the operation1 maintenance1 loading1 unloading1 or storage of any vessel or any passenger or cargo carried or intended to be carried on any vessel2 7#f7 performs an act of violence against or incapacitates any individual on any vessel1 if such act of violence or incapacitation is likely to endanger the safety of the vessel or those on board2 7#g7 performs an act of violence against a person that causes or is likely to cause serious bodily injury in1 upon1 or near1 any appliance1 structure1 property1 machine1 or apparatus1 or any facility or other material used1 or intended to be used1 in connection with the operation1 maintenance1 loading1 unloading1 or storage of any vessel or any passenger or cargo carried or intended to be carried on any vessel2 or 7#h7 communicates information1 knowing the information to be false and under circumstances in which such information may reasonably be believed1 thereby endangering the safety of any vessel in navigation2 shall be imprisoned not more than #bj years4 7b7 ,limitation ,subsection 7a7 does not apply to any person that is engaging in otherwise lawful activity1 such as normal repair and salvage activities1 and the transportation of hazardous materials regulated and allowed to be transported under chapter #ea of title #di4 7c7 ,penalty ,whoever is convicted under subsection 7a7 as a result of an act involving a vessel that1 at the time of the violation1 carried high-level radioactive waste 7as that term is defined in section #b7ab7 of the ,nuclear ,waste ,policy ,act of #aihb or spent nuclear fuel 7as that term is defined in section #b7bc7 of that ,act71 shall be imprisoned for any term of years or for life4 7d7 ,penalty when death results ,whoever is convicted under subsection 7a7 and intended to cause death by the prohibited conduct1 if the conduct resulted in the death of any person1 shall be subject to the death penalty or to imprisonment for any term of years or for life4 7e7 ,threats ,whoever knowingly and intentionally imparts or conveys any threat to do an act which would violate this subchapter1 with an apparent determination and will to carry the threat into execution1 shall be imprisoned not more than #e years and is liable for all costs incurred as a result of such threat4 7f7 ,extraterritorial jurisdiction ,there is extraterritorial jurisdiction over an offense under subsection 7a74 #acec4 ,imparting or conveying false information 7a7 ,in general ,whoever imparts or conveys or causes to be imparted or conveyed false information1 knowing the information to be false1 concerning an attempt or alleged attempt being made or to be made1 to do any act that would be a crime prohibited by this subchapter or by subchapter ,d1 shall be subject to a civil penalty of not more than #e1jjj1 which shall be recoverable in a civil action brought in the name of the ,united ,states4 7b7 ,malicious conduct ,whoever knowingly1 intentionally1 maliciously1 or with reckless disregard for the safety of human life1 imparts or conveys or causes to be imparted or conveyed false information1 knowing the information to be false1 concerning an attempt or alleged attempt to do any act which would be a crime prohibited by this subchapter or by subchapter ,d1 shall be imprisoned not more than #e years4 7c7 ,jurisdiction ,jurisdiction over an offense under this section shall be determined in accordance with the provisions applicable to the offense under section #aceb1 or under subchapter ,d1 to which the imparted or conveyed false information relates1 as applicable4 #aced4 ,bar to prosecution 7a7 ,in general ,it is a bar to prosecution under section #aceb or #acec that-- 7#a7 the conduct in question occurred within the ,united ,states in relation to a labor dispute1 and such conduct is prohibited as a felony under the law of the ,state in which it was committed2 or 7#b7 such conduct is prohibited as a misdemeanor1 and not as a felony1 under the law of the ,state in which it was committed4 7b7 ,definition ,in this section1 the term labor dispute has the meaning given that term in section #ac7;c7 of the ,act of ,march #bc1 #aicb 7#dg ,stat4 #gj7 7commonly known as the ,norris-,la,guardia ,act74 #acee4 ,bribery affecting port security 7a7 ,in general ,whoever knowingly-- 7#a7 directly or indirectly1 corruptly gives1 offers1 or promises anything of value to any public or private person1 with intent to commit international terrorism or domestic terrorism 7as those terms are defined under section #bhc71 to-- 7,a7 influence any action or any person to commit or aid in committing1 or collude in1 or allow1 any fraud1 or make opportunity for the commission of any fraud affecting any secure or restricted area or seaport2 or 7,b7 induce any official or person to do or omit to do any act in violation of the lawful duty of such official or person that affects any secure or restricted area or seaport2 or 7#b7 directly or indirectly1 corruptly demands1 seeks1 receives1 accepts1 or agrees to receive or accept anything of value personally or for any other person or entity in return for-- 7,a7 being influenced in the performance of any official act affecting any secure or restricted area or seaport2 and 7,b7 knowing that such influence will be used to commit1 or plan to commit1 international or domestic terrorism1 shall be imprisoned not more than #ae years4 7b7 ,definition ,in this section1 the term secure or restricted area means an area of a vessel or facility designated as secure in an approved security plan1 as required under section #gjajc of title #df1 and the rules and regulations promulgated under that section4 #ce ,,regulatory ,,crimes ,subchapter ,a4 ,animals1 birds1 fish1 and plants ,b4 ,gambling ,c4 ,protection of trade secrets ,d4 ,trafficking in contraband cigarettes ,e4 ,child support ,f4 ,obscenity ,g4 ,money laundering ,a ,,animals1 ,,birds1 ,,fish1 ,,and ,,plants #acga4 ,hunting1 fishing1 trapping2 disturbance or injury on wildlife refuges4 #acgb4 ,importation or shipment of injurious mammals1 birds1 fish 7including mollusks and crustacea71 amphibia1 and reptiles2 permits1 specimens for museums2 regulations4 #acgc4 ,force1 violence1 and threats involving animal enterprises4 #acgd4 ,use of aircraft or motor vehicles to hunt certain wild horses or burros2 pollution of watering holes4 #acge4 ,animal crush videos4 #acgf4 ,enforcement of animal fighting prohibitions4 #acga4 ,hunting1 fishing1 trapping2 disturbance or injury on wildlife refuges ,whoever1 except in compliance with rules and regulations promulgated by authority of law1 hunts1 traps1 captures1 knowingly disturbs or kills any bird1 fish1 or wild animal of any kind whatever1 or takes or destroys the eggs or nest of any such bird or fish1 on any lands or waters which are set apart or reserved as sanctuaries1 refuges or breeding grounds for such birds1 fish1 or animals under any law of the ,united ,states or knowingly injures1 molests1 or destroys any property of the ,united ,states on any such lands or waters1 shall be imprisoned not more than six months4 #acgb4 ,importation or shipment of injurious mammals1 birds1 fish 7including mollusks and crustacea71 amphibia1 and reptiles2 permits1 specimens for museums2 regulations 7a7 ,prohibition ,the importation into the ,united ,states1 any territory of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 or any possession of the ,united ,states1 or any shipment between the continental ,united ,states1 the ,district of ,columbia1 ,hawaii1 the ,commonwealth of ,puerto ,rico1 or any possession of the ,united ,states1 of the mongoose of the species ,herpestes auropunctatus2 of the species of so-called flying foxes or fruit bats of the genus ,pteropus2 of the zebra mussel of the species ,dreissena polymorpha2 of the bighead carp of the species ,hypophthalmichthys nobilis2 and such other species of wild mammals1 wild birds1 fish 7including mollusks and crustacea71 amphibians1 reptiles1 brown tree snakes1 or the offspring or eggs of any of the foregoing which the ,secretary of the ,interior may prescribe by regulation to be injurious to human beings1 to the interests of agriculture1 horticulture1 forestry1 or to wildlife or the wildlife resources of the ,united ,states1 is hereby prohibited4 ,all such prohibited mammals1 birds1 fish 7including mollusks and crustacea71 amphibians1 and reptiles1 and the eggs or offspring therefrom1 shall be promptly exported or destroyed at the expense of the importer or consignee4 ,nothing in this section shall be construed to repeal or modify any provision of the ,public ,health ,service ,act or ,federal ,food1 ,drug1 and ,cosmetic ,act4 ,also1 this section does not authorize any action with respect to the importation of any plant pest as defined in the ,plant ,protection ,act1 insofar as such importation is subject to regulation under that ,act4 7b7 ,definitions ,as used in subsection 7a71 the term wild relates to any creatures that1 whether or not raised in captivity1 normally are found in a wild state2 and the terms wildlife and wildlife resources include those resources that comprise wild mammals1 wild birds1 fish 7including mollusks and crustacea71 and all other classes of wild creatures whatsoever1 and all types of aquatic and land vegetation upon which such wildlife resources are dependent4 7c7 ,exceptions ,the ,secretary of the ,interior1 if the ,secretary finds that there has been a proper showing of responsibility and continued protection of the public interest and health1 shall permit the importation for zoological1 educational1 medical1 and scientific purposes of any mammal1 bird1 fish1 7including mollusks and crustacea71 amphibian1 or reptile1 or the offspring or eggs thereof1 where such importation would otherwise be prohibited under this subchapter4 ,this subchapter does not restrict importations by ,federal agencies for their own use4 7d7 ,exclusion ,nothing in this section restricts the importation of dead natural-history specimens for museums or for scientific collections1 or the importation of domesticated canaries1 parrots 7including all other species of psittacine birds71 or such other cage birds as the ,secretary of the ,interior may designate4 7e7 ,enforcement ,the ,secretary of the ,treasury and the ,secretary of the ,interior shall enforce this subsection1 including any regulations issued hereunder1 and1 if requested by the ,secretary of the ,interior1 the ,secretary of the ,treasury may require the furnishing of an appropriate bond when desirable to insure compliance with such provisions4 7f7 ,offense ,whoever violates this section1 or any regulation issued pursuant thereto1 shall be imprisoned not more than six months4 #acgc4 ,force1 violence1 and threats involving animal enterprises 7a7 ,offense ,whoever travels in interstate or foreign commerce1 or uses or causes to be used the mail or any facility of interstate or foreign commerce-- 7#a7 for the purpose of damaging or interfering with the operations of an animal enterprise2 and 7#b7 in connection with such purpose-- 7,a7 intentionally damages or causes the loss of any real or personal property 7including animals or records7 used by an animal enterprise1 or any real or personal property of a person or entity having a connection to1 relationship with1 or transactions with an animal enterprise2 or 7,b7 intentionally places a person in reasonable fear of the death of1 or serious bodily injury to that person1 a member of the family 7as defined in section #acf7 of that person1 or a spouse or intimate partner of that person by a course of conduct involving threats1 acts of vandalism1 property damage1 criminal trespass1 harassment1 or intimidation2 shall be punished as provided for in subsection 7b74 7b7 ,penalties ,the punishment for a violation of subsection 7a7 is-- 7#a7 a fine under this title or imprisonment for not more than #a year1 or both1 if the offense does not instill in another the reasonable fear of serious bodily injury or death and-- 7,a7 the offense results in no economic damage or bodily injury2 or 7,b7 the offense results in economic damage that does not exceed #aj1jjj2 7#b7 a fine under this title or imprisonment for not more than #e years1 or both1 if no bodily injury occurs and-- 7,a7 the offense results in economic damage exceeding #aj1jjj but not exceeding #ajj1jjj2 or 7,b7 the offense instills in another the reasonable fear of serious bodily injury or death2 7#c7 a fine under this title or imprisonment for not more than #aj years1 or both1 if-- 7,a7 the offense results in economic damage exceeding #ajj1jjj2 or 7,b7 the offense results in substantial bodily injury to another individual2 7#d7 a fine under this title or imprisonment for not more than #bj years1 or both1 if-- 7,a7 the offense results in serious bodily injury to another individual2 or 7,b7 the offense results in economic damage exceeding #a1jjj1jjj2 and 7#e7 imprisonment for life or for any terms of years1 a fine under this title1 or both1 if the offense results in death of another individual4 7c7 ,restitution ,an order of restitution under this title with respect to a violation of this section may also include restitution-- 7#a7 for the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense2 7#b7 for the loss of food production or farm income reasonably attributable to the offense2 and 7#c7 for any other economic damage1 including any losses or costs caused by economic disruption1 resulting from the offense4 7d7 ,definitions ,as used in this section-- 7#a7 the term animal enterprise means-- 7,a7 a commercial or academic enterprise that uses or sells animals or animal products for profit1 food or fiber production1 agriculture1 education1 research1 or testing2 7,b7 a zoo1 aquarium1 animal shelter1 pet store1 breeder1 furrier1 circus1 or rodeo1 or other lawful competitive animal event2 or 7,c7 any fair or similar event intended to advance agricultural arts and sciences2 7#b7 the term course of conduct means a pattern of conduct composed of #b or more acts1 evidencing a continuity of purpose2 7#c7 the term economic damage-- 7,a7 means the replacement costs of lost or damaged property or records1 the costs of repeating an interrupted or invalidated experiment1 the loss of profits1 or increased costs1 including losses and increased costs resulting from threats1 acts or vandalism1 property damage1 trespass1 harassment1 or intimidation taken against a person or entity on account of that person's or entity's connection to1 relationship with1 or transactions with the animal enterprise2 but 7,b7 does not include any lawful economic disruption 7including a lawful boycott7 that results from lawful public1 governmental1 or business reaction to the disclosure of information about an animal enterprise2 7#d7 the term substantial bodily injury means-- 7,a7 deep cuts and serious burns or abrasions2 7,b7 short-term or nonobvious disfigurement2 7,c7 fractured or dislocated bones1 or torn members of the body2 7,d7 significant physical pain2 7,e7 illness2 7,f7 short-term loss or impairment of the function of a bodily member1 organ1 or mental faculty2 or 7,g7 any other significant injury to the body4 7e7 ,rules of construction ,nothing in this section shall be construed-- 7#a7 to prohibit any expressive conduct 7including peaceful picketing or other peaceful demonstration7 protected from legal prohibition by the ,first ,amendment to the ,constitution2 or 7#b7 to create new remedies for interference with activities protected by the free speech or free exercise clauses of the ,first ,amendment to the ,constitution1 regardless of the point of view expressed1 or to limit any existing legal remedies for such interference4 #acgd4 ,use of aircraft or motor vehicles to hunt certain wild horses or burros2 pollution of watering holes 7a7 ,aircraft for hunting ,whoever uses an aircraft or a motor vehicle to hunt1 for the purpose of capturing or killing1 any wild unbranded horse1 mare1 colt1 or burro running at large on any of the public land or ranges shall be imprisoned not more than six months4 7b7 ,pollution of watering holes ,whoever pollutes or causes the pollution of any watering hole on any of the public land or ranges for the purpose of trapping1 killing1 wounding1 or maiming any of the animals referred to in subsection 7a7 of this section shall be imprisoned not more than six months4 7c7 ,definitions ,as used in subsection 7a7 of this section-- 7#a7 the term aircraft means any contrivance used for flight in the air2 and 7#b7 the term motor vehicle includes an automobile1 automobile truck1 automobile wagon1 motorcycle1 or any other self-propelled vehicle designed for running on land4 #acge4 ,animal crush videos 7a7 ,definition ,in this section the term animal crush video means any photograph1 motion-picture film1 video or digital recording1 or electronic image that-- 7#a7 depicts actual conduct in which #a or more living non-human mammals1 birds1 reptiles1 or amphibians is intentionally crushed1 burned1 drowned1 suffocated1 impaled1 or otherwise subjected to serious bodily injury2 and 7#b7 is obscene4 7b7 ,prohibitions 7#a7 ,creation of animal crush videos ,it shall be unlawful for any person to knowingly create an animal crush video1 if-- 7,a7 the person intends or has reason to know that the animal crush video will be distributed in1 or using a means or facility of1 interstate or foreign commerce2 or 7,b7 the animal crush video is distributed in1 or using a means or facility of1 interstate or foreign commerce4 7#b7 ,distribution of animal crush videos ,it shall be unlawful for any person to knowingly sell1 market1 advertise1 exchange1 or distribute an animal crush video in1 or using a means or facility of1 interstate or foreign commerce4 7c7 ,extraterritorial application ,subsection 7b7 applies to the knowing sale1 marketing1 advertising1 exchange1 distribution1 or creation of an animal crush video outside of the ,united ,states1 if-- 7#a7 the person engaging in such conduct intends or has reason to know that the animal crush video will be transported into the ,united ,states or its territories or possessions2 or 7#b7 the animal crush video is transported into the ,united ,states or its territories or possessions4 7d7 ,penalty ,any person who violates subsection 7b7 shall be fined under this title1 imprisoned for not more than #g years1 or both4 7e7 ,exceptions 7#a7 ,in general ,this section does not apply with regard to any visual depiction of-- 7,a7 customary and normal veterinary or agricultural husbandry practices2 7,b7 the slaughter of animals for food2 or 7,c7 hunting1 trapping1 or fishing4 7#b7 ,good-faith distribution ,this section does not apply to the good-faith distribution of an animal crush video to-- 7,a7 a law enforcement agency2 or 7,b7 a third party for the sole purpose of analysis to determine if referral to a law enforcement agency is appropriate4 #acgf4 ,enforcement of animal fighting prohibitions ,whoever violates subsection 7a71 7b71 7c71 or 7e7 of section #bf of the ,animal ,welfare ,act shall be imprisoned for not more than #e years4 ,b ,,gambling ,sec4 #acha4 ,transmission of wagering information2 penalties4 #achb4 ,definitions4 #acha4 ,transmission of wagering information2 penalties 7a7 ,offense ,whoever1 being engaged in the business of betting or wagering1 knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest1 or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers1 or for information assisting in the placing of bets or wagers1 shall be imprisoned not more than two years4 7b7 ,exclusion ,nothing in this section shall be construed to prevent the transmission in interstate or foreign commerce of information for use in news reporting of sporting events or contests1 or for the transmission of information assisting in the placing of bets or wagers on a sporting event or contest from a ,state or foreign country where betting on that sporting event or contest is legal into a ,state or foreign country in which such betting is legal4 7c7 ,notification to common carrier ,when any common carrier1 subject to the jurisdiction of the ,federal ,communications ,commission1 is notified in writing by a ,federal1 ,state1 or local law enforcement agency1 acting within its jurisdiction1 that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of ,federal1 ,state or local law1 it shall discontinue or refuse1 the leasing1 furnishing1 or maintaining of such facility1 after reasonable notice to the subscriber1 but no damages1 penalty or forfeiture1 civil or criminal1 shall be found against any common carrier for any act done in compliance with any notice received from a law enforcement agency4 ,nothing in this section prejudices the right of any person affected thereby to secure an appropriate determination1 as otherwise provided by law1 in a ,federal court or in a ,state or local tribunal or agency1 that such facility should not be discontinued or removed1 or should be restored4 #achb4 ,definition ,as used in this subchapter1 the term wire communication facility means any and all instrumentalities1 personnel1 and services 7among other things1 the receipt1 forwarding1 or delivery of communications7 used or useful in the transmission of writings1 signs1 pictures1 and sounds of all kinds by aid of wire1 cable1 or other like connection between the points of origin and reception of such transmission4 ,c ,,protection ,,of ,,trade ,,secrets #acia4 ,economic espionage4 #acib4 ,theft of trade secrets4 #acic4 ,exceptions to prohibitions4 #acid4 ,orders to preserve confidentiality4 #acie4 ,civil proceedings to enjoin violations4 #acif4 ,applicability to conduct outside the ,united ,states4 #acig4 ,definitions4 #acia4 ,economic espionage 7a7 ,in general ,whoever1 intending or knowing that the offense will benefit any foreign government1 foreign instrumentality1 or foreign agent1 knowingly-- 7#a7 steals1 or without authorization appropriates1 takes1 carries away1 or conceals1 or by fraud1 artifice1 or deception obtains a trade secret2 7#b7 without authorization copies1 duplicates1 sketches1 draws1 photographs1 downloads1 uploads1 alters1 destroys1 photocopies1 replicates1 transmits1 delivers1 sends1 mails1 communicates1 or conveys a trade secret2 or 7#c7 receives1 buys1 or possesses a trade secret1 knowing the same to have been stolen or appropriated1 obtained1 or converted without authorization2 shall1 except as provided in subsection 7b71 be imprisoned not more than #ae years4 7b7 ,organizations ,any organization that commits any offense described in subsection 7a7 shall be fined not more than the greater of #aj1jjj1jjj or #c times the value of the stolen trade secret to the organization1 including expenses for research and design and other costs of reproducing the trade secret that the organization has thereby avoided4 #acib4 ,theft of trade secrets 7a7 ,offense ,whoever1 with intent to convert a trade secret1 that is related to a product or service used in or intended for use in interstate or foreign commerce1 to the economic benefit of anyone other than the owner thereof1 and intending or knowing that the offense will1 injure any owner of that trade secret1 knowingly-- 7#a7 steals1 or without authorization appropriates1 takes1 carries away1 or conceals1 or by fraud1 artifice1 or deception obtains such information2 7#b7 without authorization copies1 duplicates1 sketches1 draws1 photographs1 downloads1 uploads1 alters1 destroys1 photocopies1 replicates1 transmits1 delivers1 sends1 mails1 communicates1 or conveys such information2 or 7#c7 receives1 buys1 or possesses such information1 knowing the same to have been stolen or appropriated1 obtained1 or converted without authorization2 shall1 except as provided in subsection 7b71 be imprisoned not more than #aj years4 7b7 ,organizations ,any organization that commits any offense described in subsection 7a7 shall be fined not more than #e1jjj1jjj4 #acic4 ,exceptions to prohibitions ,this subchapter does not prohibit-- 7#a7 any otherwise lawful activity conducted by a governmental entity of the ,united ,states1 a ,state1 or a political subdivision of a ,state2 or 7#b7 the reporting of a suspected violation of law to any governmental entity of the ,united ,states1 a ,state1 or a political subdivision of a ,state1 if such entity has lawful authority with respect to that violation4 #acid4 ,orders to preserve confidentiality ,in any prosecution or other proceeding under this subchapter and any forfeiture relating to a violation of this subchapter1 the court shall enter such orders and take such other action as may be necessary and appropriate to preserve the confidentiality of trade secrets1 consistent with the requirements of the ,federal ,rules of ,criminal and ,civil ,procedure1 the ,federal ,rules of ,evidence1 and all other applicable laws4 ,an interlocutory appeal by the ,united ,states shall lie from a decision or order of a district court authorizing or directing the disclosure of any trade secret4 #acie4 ,civil proceedings to enjoin violations 7a7 ,civil action ,the ,attorney ,general may1 in a civil action1 obtain appropriate injunctive relief against any violation of this subchapter4 7b7 ,exclusive jurisdiction ,the district courts of the ,united ,states shall have exclusive original jurisdiction of civil actions under this section4 #acif4 ,applicability to conduct outside the ,united ,states ,this subchapter also applies to conduct occurring outside the ,united ,states if-- 7#a7 the offender is a natural person who is a citizen or permanent resident alien of the ,united ,states1 or an organization organized under the laws of the ,united ,states or a ,state or political subdivision thereof2 or 7#b7 an act in furtherance of the offense was committed in the ,united ,states4 #acig4 ,definitions ,as used in this subchapter-- 7#a7 the term foreign instrumentality means any agency1 bureau1 ministry1 component1 institution1 association1 or any legal1 commercial1 or business organization1 corporation1 firm1 or entity that is substantially owned1 controlled1 sponsored1 commanded1 managed1 or dominated by a foreign government2 7#b7 the term foreign agent means any officer1 employee1 proxy1 servant1 delegate1 or representative of a foreign government2 7#c7 the term trade secret means all forms and types of financial1 business1 scientific1 technical1 economic1 or engineering information1 including patterns1 plans1 compilations1 program devices1 formulas1 designs1 prototypes1 methods1 techniques1 processes1 procedures1 programs1 or codes1 whether tangible or intangible1 and whether or how stored1 compiled1 or memorialized physically1 electronically1 graphically1 photographically1 or in writing if-- 7,a7 the owner thereof has taken reasonable measures to keep such information secret2 and 7,b7 the information derives independent economic value1 actual or potential1 from not being generally known to1 and not being readily ascertainable through proper means by1 the public2 and 7#d7 the term owner1 with respect to a trade secret1 means the person or entity in whom or in which rightful legal or equitable title to1 or license in1 the trade secret is reposed4 ,d ,,trafficking ,,in ,,contraband ,,cigarettes #adaa4 ,definitions4 #adab4 ,unlawful ,acts4 #adac4 ,recordkeeping1 reporting1 and inspection4 #adad4 ,penalties4 #adae4 ,enforcement and regulations4 #adaa4 ,definitions ,as used in this chapter-- 7#a7 the term cigarette means-- 7,a7 any roll of tobacco wrapped in paper or in any substance not containing tobacco2 and 7,b7 any roll of tobacco wrapped in any substance containing tobacco which1 because of its appearance1 the type of tobacco used in the filler1 or its packaging and labeling1 is likely to be offered to1 or purchased by1 consumers as a cigarette described in subparagraph 7,a72 7#b7 the term contraband cigarettes means a quantity in excess of #aj1jjj cigarettes1 which bear no evidence of the payment of applicable ,state or local cigarette taxes in the ,state or locality where such cigarettes are found1 if the ,state or local government requires a stamp1 impression1 or other indication to be placed on packages or other containers of cigarettes to evidence payment of cigarette taxes1 and which are in the possession of any person other than-- 7,a7 a person holding a permit issued pursuant to chapter #eb of the ,internal ,revenue ,code of #aihf as a manufacturer of tobacco products or as an export warehouse proprietor1 or a person operating a customs bonded warehouse pursuant to section #caa or #eee of the ,tariff ,act of #aicj or an agent of such person2 7,b7 a common or contract carrier transporting the cigarettes involved under a proper bill of lading or freight bill which states the quantity1 source1 and destination of such cigarettes2 7,c7 a person-- 7i7 who is licensed or otherwise authorized by the ,state where the cigarettes are found to account for and pay cigarette taxes imposed by such ,state2 and 7ii7 who has complied with the accounting and payment requirements relating to such license or authorization with respect to the cigarettes involved2 or 7,d7 an officer1 employee1 or other agent of the ,united ,states or a ,state1 or any department1 agency1 or instrumentality of the ,united ,states or a ,state 7including any political subdivision of a ,state7 having possession of such cigarettes in connection with the performance of official duties2 7#c7 the term common or contract carrier means a carrier holding a certificate of convenience and necessity1 a permit for contract carrier by motor vehicle1 or other valid operating authority under subtitle ,,iv of title #di1 or under equivalent operating authority from a regulatory agency of the ,united ,states or of any ,state2 7#d7 the term ,attorney ,general means the ,attorney ,general of the ,united ,states2 7#e7 the term smokeless tobacco means any finely cut1 ground1 powdered1 or leaf tobacco that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted2 7#f7 the term contraband smokeless tobacco means a quantity in excess of #ejj single-unit consumer-sized cans or packages of smokeless tobacco1 or their equivalent1 that are in the possession of any person other than-- 7,a7 a person holding a permit issued pursuant to chapter #eb of the ,internal ,revenue ,code of #aihf as manufacturer of tobacco products or as an export warehouse proprietor1 a person operating a customs bonded warehouse pursuant to section #caa or #eee of the ,tariff ,act of #aicj1 or an agent of such person2 7,b7 a common carrier transporting such smokeless tobacco under a proper bill of lading or freight bill which states the quantity1 source1 and designation of such smokeless tobacco2 7,c7 a person who-- 7i7 is licensed or otherwise authorized by the ,state where such smokeless tobacco is found to engage in the business of selling or distributing tobacco products2 and 7ii7 has complied with the accounting1 tax1 and payment requirements relating to such license or authorization with respect to such smokeless tobacco2 or 7,d7 an officer1 employee1 or agent of the ,united ,states or a ,state1 or any department1 agency1 or instrumentality of the ,united ,states or a ,state 7including any political subdivision of a ,state71 having possession of such smokeless tobacco in connection with the performance of official duties4 #adab4 ,unlawful ,acts ,it shall be unlawful for any person knowingly to ship1 transport1 receive1 possess1 sell1 distribute1 or purchase contraband cigarettes or contraband smokeless tobacco4 #adac4 ,recordkeeping1 reporting1 and inspection 7a7 ,recordkeeping ,whoever ships1 sells1 or distributes any quantity of cigarettes in excess of #aj1jjj1 or any quantity of smokeless tobacco in excess of #ejj single-unit consumer-sized cans or packages1 in a single transaction shall maintain such information about the shipment1 receipt1 sale1 and distribution of cigarettes as the ,attorney ,general may prescribe by rule or regulation4 ,the ,attorney ,general may require such person to keep such information as the ,attorney ,general considers appropriate for purposes of enforcement of this subchapter1 including-- 7#a7 the name1 address1 destination 7including street address71 vehicle license number1 driver's license number1 signature of the person receiving such cigarettes1 and the name of the purchaser2 7#b7 a declaration of the specific purpose of the receipt 7personal use1 resale1 or delivery to another72 and 7#c7 a declaration of the name and address of the recipient's principal in all cases when the recipient is acting as an agent4 ,such information shall be contained on business records kept in the normal course of business4 7b7 ,reporting ,whoever1 except for a tribal government1 engages in a delivery sale1 and who ships1 sells1 or distributes any quantity in excess of #aj1jjj cigarettes1 or any quantity in excess of #ejj single-unit consumer-sized cans or packages of smokeless tobacco1 or their equivalent1 within a single month1 shall submit to the ,attorney ,general1 pursuant to rules or regulations prescribed by the ,attorney ,general1 a report that sets forth the following3 7#a7 ,the person's beginning and ending inventory of cigarettes and cans or packages of smokeless tobacco 7in total7 for such month4 7#b7 ,the total quantity of cigarettes and cans or packages of smokeless tobacco that the person received within such month from each other person 7itemized by name and address74 7#c7 ,the total quantity of cigarettes and cans or packages of smokeless tobacco that the person distributed within such month to each person 7itemized by name and address7 other than a retail purchaser4 7c7 ,inspection 7#a7 ,any officer of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives may1 during normal business hours1 enter the premises of any person described in subsection 7a7 or 7b7 for the purposes of inspecting-- 7,a7 any records or information required to be maintained by the person under this chapter2 or 7,b7 any cigarettes or smokeless tobacco kept or stored by the person at the premises4 7#b7 ,the district courts of the ,united ,states shall have the authority in a civil action under this subsection to compel inspections authorized by paragraph 7#a74 7#c7 ,whoever denies access to an officer under paragraph 7#a71 or who fails to comply with an order issued under paragraph 7#b71 shall be subject to a civil penalty in an amount not to exceed #aj1jjj4 7d7 ,others to receive reports ,any report required to be submitted under this subchapter to the ,attorney ,general shall also be submitted to the ,secretary of the ,treasury and to the attorneys general and the tax administrators of the ,states from where the shipments1 deliveries1 or distributions both originated and concluded4 7e7 ,delivery sale defined ,as used in this section1 the term delivery sale means any sale of cigarettes or smokeless tobacco in interstate commerce to a consumer if-- 7#a7 the consumer submits the order for such sale by means of a telephone or other method of voice transmission1 the mails1 or the ,internet or other online service1 or by any other means where the consumer is not in the same physical location as the seller when the purchase or offer of sale is made2 or 7#b7 the cigarettes or smokeless tobacco are delivered by use of the mails1 common carrier1 private delivery service1 or any other means where the consumer is not in the same physical location as the seller when the consumer obtains physical possession of the cigarettes or smokeless tobacco4 #adad4 ,penalties 7a7 #adab7;a7 violations ,whoever knowingly violates section #adab7;a7 shall be imprisoned not more than five years4 7b7 #adac7;a7 and #adaf violations ,whoever knowingly violates any rule or regulation promulgated under section #adac7;a7 or #adaf or violates section #adab7;b7 shall be imprisoned not more than three years4 #adae4 ,enforcement and regulations 7a7 ,generally ,the ,attorney ,general1 subject to section #adac7;a71 shall enforce this subchapter and may prescribe rules and regulations to carry out this subchapter4 7b7 ,state enforcement through civil actions 7#a7 ,a ,state1 through its attorney general1 a local government1 through its chief law enforcement officer 7or a designee thereof71 or any person who holds a permit under chapter #eb of the ,internal ,revenue ,code of #aihf1 may bring an action in the ,united ,states district courts to prevent and restrain violations of this subchapter by any person 7or by any person controlling such person71 except that any person who holds a permit under chapter #eb of the ,internal ,revenue ,code of #aihf may not bring such an action against a ,state or local government4 ,no civil action may be commenced under this paragraph against an ,indian tribe or an ,indian in ,indian country 7as defined in section #hga74 7#b7 ,a ,state1 through its attorney general1 or a local government1 through its chief law enforcement officer 7or a designee thereof71 may in a civil action under paragraph 7#a7 also obtain any other appropriate relief for violations of this subchapter from any person 7or by any person controlling such person71 including civil penalties1 money damages1 and injunctive or other equitable relief4 ,nothing in this chapter abrogates or constitutes a waiver of any sovereign immunity of a ,state or local government1 or an ,indian tribe against any unconsented lawsuit under this chapter1 or otherwise restricts1 expands1 or modifies any sovereign immunity of a ,state or local government1 or an ,indian tribe4 ,e ,,child ,,support ,sec4 #adca4 ,failure to pay legal child support obligations4 #adca4 ,failure to pay legal child support obligations 7a7 ,offense ,whoever-- 7#a7 knowingly fails to pay a support obligation with respect to a child who resides in another ,state1 if such obligation has remained unpaid for a period longer than #a year1 or is greater than #e1jjj2 7#b7 travels in interstate or foreign commerce with the intent to evade a support obligation1 if such obligation has remained unpaid for a period longer than #a year1 or is greater than #e1jjj2 or 7#c7 knowingly fails to pay a support obligation with respect to a child who resides in another ,state1 if such obligation has remained unpaid for a period longer than #b years1 or is greater than #aj1jjj2 shall be punished as provided in subsection 7c74 7b7 ,presumption ,the existence of a support obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period4 7c7 ,punishment ,the punishment for an offense under this section is-- 7#a7 in the case of a first offense under subsection 7a77#a71 imprisonment for not more than #f months2 and 7#b7 in the case of an offense under paragraph 7#b7 or 7#c7 of subsection 7a71 or a second or subsequent offense under subsection 7a77#a71 imprisonment for not more than #b years4 7d7 ,venue ,with respect to an offense under this section1 an action may be inquired of and prosecuted in a district court of the ,united ,states for-- 7#a7 the district in which the child who is the subject of the support obligation involved resided during a period during which a person described in subsection 7a7 7referred to in this subsection as an obligor7 failed to meet that support obligation2 7#b7 the district in which the obligor resided during a period described in paragraph 7#a72 or 7#c7 any other district with jurisdiction otherwise provided for by law4 7e7 ,definitions ,as used in this section-- 7#a7 the term ,indian tribe has the meaning given that term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid2 and 7#b7 the term support obligation means any amount determined under a court order or an order of an administrative process pursuant to the law of a ,state or of an ,indian tribe to be due from a person for the support and maintenance of a child or of a child and the parent with whom the child is living4 ,f ,,obscenity #adda4 ,mailing obscene or crime-inciting matter4 #addb4 ,importation or transportation of obscene matters4 #addc4 ,production and transportation of obscene matters for sale or distribution4 #addd4 ,engaging in the business of selling or transferring obscene matter4 #adde4 ,obscene visual representations of the sexual abuse of children4 #addf4 ,presumptions4 #addg4 ,transfer of obscene material to minor4 #adda4 ,mailing obscene or crime-inciting matter 7a7 ,nonmailability ,the following are nonmailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier3 7#a7 ,every obscene1 lewd1 lascivious1 indecent1 filthy or vile article1 matter1 thing1 device1 or substance4 7#b7 ,every article or thing designed1 adapted1 or intended for producing abortion1 or for any indecent or immoral use4 7#c7 ,every article1 instrument1 substance1 drug1 medicine1 or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion1 or for any indecent or immoral purpose4 7#d7 ,every written or printed card1 letter1 circular1 book1 pamphlet1 advertisement1 or notice of any kind giving information1 directly or indirectly1 where1 or how1 or from whom1 or by what means any of such mentioned matters1 articles1 or things may be obtained or made1 or where or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed1 or how or by what means abortion may be produced1 whether sealed or unsealed4 7#e7 ,every paper1 writing1 advertisement1 or representation that any article1 instrument1 substance1 drug1 medicine1 or thing may1 or can1 be used or applied for producing abortion1 or for any indecent or immoral purpose4 7#f7 ,every description calculated to induce or incite a person to so use or apply any such article1 instrument1 substance1 drug1 medicine1 or thing4 7b7 ,offense ,whoever knowingly uses the mails for the mailing1 carriage in the mails1 or delivery of anything declared by this section or section #cjja7;e7 of title #ci to be nonmailable1 or knowingly causes to be delivered by mail according to the direction thereon1 or at the place at which it is directed to be delivered by the person to whom it is addressed1 or knowingly takes any such thing from the mails for the purpose of circulating or disposing thereof1 or of aiding in the circulation or disposition thereof1 shall be imprisoned not more than five years1 for the first such offense1 and shall be imprisoned not more than ten years for each such offense thereafter4 #addb4 ,importation or transportation of obscene matters ,whoever-- 7#a7 brings into the ,united ,states1 or any place subject to the jurisdiction thereof1 or knowingly uses any express company or other common carrier or interactive computer service 7as defined in section #bcj7;f77#b7 of the ,communications ,act of #aicd71 for carriage in interstate or foreign commerce-- 7,a7 any obscene1 lewd1 lascivious1 or filthy book1 pamphlet1 picture1 motion-picture film1 paper1 letter1 writing1 print1 or other matter of indecent character2 7,b7 any obscene1 lewd1 lascivious1 or filthy phonograph recording1 electrical transcription1 or other article or thing capable of producing sound2 or 7,c7 any drug1 medicine1 article1 or thing designed1 adapted1 or intended for producing abortion1 or for any indecent or immoral use2 or any written or printed card1 letter1 circular1 book1 pamphlet1 advertisement1 or notice of any kind giving information1 directly or indirectly1 where1 how1 or of whom1 or by what means any of such mentioned articles1 matters1 or things may be obtained or made2 or 7#b7 knowingly takes or receives1 from such express company or other common carrier or interactive computer service 7as defined in section #bcj7;f77#b7 of the ,communications ,act of #aicd7 any matter or thing the carriage or importation of which is herein made unlawful2 shall be imprisoned not more than five years for the first such offense and shall be imprisoned not more than ten years for each such offense thereafter4 #addc4 ,production and transportation of obscene matters for sale or distribution 7a7 ,offense ,whoever knowingly produces with the intent to transport1 distribute1 or transmit in interstate or foreign commerce1 or whoever knowingly transports or travels in1 or uses a facility or means of1 interstate or foreign commerce or an interactive computer service 7as defined in section #bcj7;f77#b7 of the ,communications ,act of #aicd7 in or affecting such commerce1 for the purpose of sale or distribution1 of any obscene1 lewd1 lascivious1 or filthy book1 pamphlet1 picture1 film1 paper1 letter1 writing1 print1 silhouette1 drawing1 figure1 image1 cast1 phonograph recording1 electrical transcription or other article capable of producing sound or any other matter of indecent or immoral character1 shall be imprisoned not more than five years4 7b7 ,presumption ,the transportation as aforesaid of two or more copies of any publication or two or more of any article of the character described above1 or a combined total of five such publications and articles1 shall create a presumption that such publications or articles are intended for sale or distribution1 but such presumption shall be rebuttable4 #addd4 ,engaging in the business of selling or transferring obscene matter 7a7 ,offense ,whoever is engaged in the business of producing with intent to distribute or sell1 or selling or transferring obscene matter1 who knowingly receives or possesses with intent to distribute any obscene book1 magazine1 picture1 paper1 film1 videotape1 or phonograph or other audio recording1 which has been shipped or transported in interstate or foreign commerce1 shall be punished by imprisonment for not more than #e years or by a fine under this title1 or both4 7b7 ,definition ,as used in this section1 the term engaged in the business means that the person who produces1 sells1 or transfers1 or offers to sell or transfer obscene matter devotes time1 attention1 or labor to such activities1 as a regular course of trade or business1 with the objective of earning a profit1 although it is not necessary that the person make a profit or that the production1 selling or transferring or offering to sell or transfer such material be the person's sole or principal business or source of income4 ,the offering for sale of or to transfer1 at one time1 two or more copies of any obscene publication1 or two or more of any obscene article1 or a combined total of five or more such publications and articles1 shall create a rebuttable presumption that the person so offering them is engaged in the business as defined in this subsection4 #adde4 ,obscene visual representations of the sexual abuse of children 7a7 ,in general ,whoever1 as made applicable by subsection 7d71 knowingly produces1 distributes1 receives1 or possesses with intent to distribute1 a visual depiction of any kind1 including a drawing1 cartoon1 sculpture1 or painting1 that-- 7#a7 7,a7 depicts a minor engaging in sexually explicit conduct2 and 7,b7 is obscene2 or 7#b7 7,a7 depicts an image that is1 or appears to be1 of a minor engaging in graphic bestiality1 sadistic or masochistic abuse1 or sexual intercourse1 including genital-genital1 oral-genital1 anal-genital1 or oral-anal1 whether between persons of the same or opposite sex2 and 7,b7 lacks serious literary1 artistic1 political1 or scientific value2 shall be subject to the penalties provided in section #bbc7;c77#a71 including the penalties provided for cases involving a prior conviction4 7b7 ,additional offenses ,whoever1 as made applicable by subsection 7d71 knowingly possesses a visual depiction of any kind1 including a drawing1 cartoon1 sculpture1 or painting1 that-- 7#a7 7,a7 depicts a minor engaging in sexually explicit conduct2 and 7,b7 is obscene2 or 7#b7 7,a7 depicts an image that is1 or appears to be1 of a minor engaging in graphic bestiality1 sadistic or masochistic abuse1 or sexual intercourse1 including genital-genital1 oral-genital1 anal-genital1 or oral-anal1 whether between persons of the same or opposite sex2 and 7,b7 lacks serious literary1 artistic1 political1 or scientific value2 shall be subject to the penalties provided in section #bbc7;c77#b71 including the penalties provided for cases involving a prior conviction4 7c7 ,nonrequired element of offense ,it is not a required element of any offense under this section that the minor depicted actually exist4 7d7 ,applicability ,subsections 7a7 and 7b7 apply if-- 7#a7 any communication involved in or made in furtherance of the offense is communicated or transported by the mail1 or in interstate or foreign commerce by any means1 including by computer1 or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense2 7#b7 any communication involved in or made in furtherance of the offense contemplates the transmission or transportation of a visual depiction by the mail1 or in interstate or foreign commerce by any means1 including by computer2 7#c7 any person travels or is transported in interstate or foreign commerce in the course of the commission or in furtherance of the commission of the offense2 7#d7 any visual depiction involved in the offense has been mailed1 or has been shipped or transported in interstate or foreign commerce by any means1 including by computer1 or was produced using materials that have been mailed1 or that have been shipped or transported in interstate or foreign commerce by any means1 including by computer2 or 7#e7 the offense is committed in the special maritime and territorial jurisdiction of the ,united ,states or in any territory or possession of the ,united ,states4 7e7 ,affirmative defense ,it shall be an affirmative defense to a charge of violating subsection 7b7 that the defendant-- 7#a7 possessed less than #c such visual depictions2 and 7#b7 promptly and in good faith1 and without retaining or allowing any person1 other than a law enforcement agency1 to access any such visual depiction-- 7,a7 took reasonable steps to destroy each such visual depiction2 or 7,b7 reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction4 7f7 ,definitions ,as used in this section-- 7#a7 the term visual depiction includes undeveloped film and videotape1 and data stored on a computer disk or by electronic means which is capable of conversion into a visual image1 and also includes any photograph1 film1 video1 picture1 digital image or picture1 computer image or picture1 or computer generated image or picture1 whether made or produced by electronic1 mechanical1 or other means2 7#b7 the term sexually explicit conduct has the meaning given the term in section #bbe7a77;,a7 or #bbe7a77;,b72 and 7#c7 the term graphic1 when used with respect to a depiction of sexually explicit conduct1 means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted4 #addf4 ,presumptions 7a7 ,interstate commerce ,in any prosecution under this subchapter in which an element of the offense is that the matter in question was transported1 shipped1 or carried in interstate commerce1 proof1 by either circumstantial or direct evidence1 that such matter was produced or manufactured in one ,state and is subsequently located in another ,state shall raise a rebuttable presumption that such matter was transported1 shipped1 or carried in interstate commerce4 7b7 ,foreign commerce ,in any prosecution under this subchapter in which an element of the offense is that the matter in question was transported1 shipped1 or carried in foreign commerce1 proof1 by either circumstantial or direct evidence1 that such matter was produced or manufactured outside of the ,united ,states and is subsequently located in the ,united ,states shall raise a rebuttable presumption that such matter was transported1 shipped1 or carried in foreign commerce4 #addg4 ,transfer of obscene material to minor ,whoever1 using the mail or any facility or means of interstate or foreign commerce1 knowingly transfers obscene matter to another individual who has not attained the age of #af years1 knowing that such other individual has not attained the age of #af years1 or attempts to do so1 shall be imprisoned not more than #aj years4 ,g ,,money ,,laundering #adea4 ,laundering of monetary instruments4 #adeb4 ,engaging in monetary transactions in property derived from specified unlawful activity4 #adec4 ,structuring transactions to evade reporting requirement prohibited4 #aded4 ,bulk cash smuggling into or out of the ,united ,states4 #adea4 ,laundering of monetary instruments 7a7 ,offenses 7#a7 ,whoever1 knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity1 conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity-- 7,a7 7i7 with the intent to promote the carrying on of specified unlawful activity2 or 7ii7 with intent to engage in conduct constituting a violation of section #gbja or #gbjf of the ,internal ,revenue ,code of #aihf2 or 7,b7 knowing that the transaction is designed in whole or in part-- 7i7 to conceal or disguise the nature1 the location1 the source1 the ownership1 or the control of the proceeds of specified unlawful activity2 or 7ii7 to avoid a transaction reporting requirement under ,state or ,federal law1 shall be sentenced to a fine of not more than #ejj1jjj or twice the value of the property involved in the transaction1 whichever is greater1 or imprisonment for not more than twenty years1 or both4 ,for purposes of this paragraph1 a financial transaction shall be considered to be one involving the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions1 any one of which involves the proceeds of specified unlawful activity1 and all of which are part of a single plan or arrangement4 7#b7 ,whoever transports1 transmits1 or transfers1 or attempts to transport1 transmit1 or transfer a monetary instrument or funds from a place in the ,united ,states to or through a place outside the ,united ,states or to a place in the ,united ,states from or through a place outside the ,united ,states-- 7,a7 with the intent to promote the carrying on of specified unlawful activity2 or 7,b7 knowing that the monetary instrument or funds involved in the transportation1 transmission1 or transfer represent the proceeds of some form of unlawful activity and knowing that such transportation1 transmission1 or transfer is designed in whole or in part-- 7i7 to conceal or disguise the nature1 the location1 the source1 the ownership1 or the control of the proceeds of specified unlawful activity2 or 7ii7 to avoid a transaction reporting requirement under ,state or ,federal law1 shall be sentenced to a fine of not more than #ejj1jjj or twice the value of the monetary instrument or funds involved in the transportation1 transmission1 or transfer1 whichever is greater1 or imprisonment for not more than twenty years1 or both4 ,for the purpose of the offense described in subparagraph 7,b71 the defendant's knowledge may be established by proof that a law enforcement officer represented the matter specified in subparagraph 7,b7 as true1 and the defendant's subsequent statements or actions indicate that the defendant believed such representations to be true4 7#c7 ,whoever1 with the intent-- 7,a7 to promote the carrying on of specified unlawful activity2 7,b7 to conceal or disguise the nature1 location1 source1 ownership1 or control of property believed to be the proceeds of specified unlawful activity2 or 7,c7 to avoid a transaction reporting requirement under ,state or ,federal law1 conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of specified unlawful activity1 or property used to conduct or facilitate specified unlawful activity1 shall be imprisoned for not more than #bj years4 ,for purposes of this paragraph and paragraph 7#b71 the term represented means any representation made by a law enforcement officer or by another person at the direction of1 or with the approval of1 a ,federal official authorized to investigate or prosecute violations of this section4 7b7 ,penalties and civil remedies 7#a7 ,criminal 7,a7 ,generally ,whoever conducts or attempts to conduct a transaction described in subsection 7a77#a7 or 7a77#c71 or section #adeb1 or a transportation1 transmission1 or transfer described in subsection 7a77#b71 is liable to the ,united ,states for a civil penalty of not more than the greater of-- 7i7 the value of the property1 funds1 or monetary instruments involved in the transaction2 or 7ii7 #aj1jjj4 7,b7 ,alternative punishment for certain offenses ,if the offense under this section involves a pre-retail medical product 7as defined in section #feg71 it shall be punished under section #feg unless the penalties provided forthe offense under this section are greater4 7#b7 ,jurisdiction over foreign persons ,for purposes of adjudicating an action filed or enforcing a penalty ordered under this section1 the district courts shall have jurisdiction over any foreign person1 including any financial institution authorized under the laws of a foreign country1 against whom the action is brought1 if service of process upon the foreign person is made under the ,federal ,rules of ,civil ,procedure or the laws of the country in which the foreign person is found1 and-- 7,a7 the foreign person commits an offense under subsection 7a7 involving a financial transaction that occurs in whole or in part in the ,united ,states2 7,b7 the foreign person converts1 to his or her own use1 property in which the ,united ,states has an ownership interest by virtue of the entry of an order of forfeiture by a court of the ,united ,states2 or 7,c7 the foreign person is a financial institution that maintains a bank account at a financial institution in the ,united ,states4 7#c7 ,court authority over assets ,a court may issue a pretrial restraining order or take any other action necessary to ensure that any bank account or other property held by the defendant in the ,united ,states is available to satisfy a judgment under this section4 7#d7 ,federal receiver 7,a7 ,in general ,a court may appoint a ,federal ,receiver1 in accordance with subparagraph 7,b7 of this paragraph1 to collect1 marshal1 and take custody1 control1 and possession of all assets of the defendant1 wherever located1 to satisfy a civil judgment under this subsection1 a forfeiture judgment under chapter #ej1 or a criminal sentence under section #adeb or subsection 7a7 of this section1 including an order of restitution to any victim of a specified unlawful activity4 7,b7 ,appointment and authority ,a ,federal ,receiver described in subparagraph 7,a7-- 7i7 may be appointed upon application of a ,federal prosecutor or a ,federal or ,state regulator1 by the court having jurisdiction over the defendant in the case2 7ii7 shall be an officer of the court1 and the powers of the ,federal ,receiver shall include the powers set out in section #ged of title #bh2 and 7iii7 shall have standing equivalent to that of a ,federal prosecutor for the purpose of submitting requests to obtain information regarding the assets of the defendant-- 7,i7 from the ,financial ,crimes ,enforcement ,network of the ,department of the ,treasury2 or 7,,ii7 from a foreign country pursuant to a mutual legal assistance treaty1 multilateral agreement1 or other arrangement for international law enforcement assistance1 provided that such requests are in accordance with the policies and procedures of the ,attorney ,general4 7c7 ,definitions ,as used in this section-- 7#a7 the term knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity means that the person knew the property involved in the transaction represented proceeds from some form1 though not necessarily which form1 of activity that constitutes a felony under ,state1 ,federal1 or foreign law1 regardless of whether or not such activity is specified in paragraph 7#g72 7#b7 the term conducts includes initiating1 concluding1 or participating in initiating1 or concluding a transaction2 7#c7 the term transaction includes a purchase1 sale1 loan1 pledge1 gift1 transfer1 delivery1 or other disposition1 and with respect to a financial institution includes a deposit1 withdrawal1 transfer between accounts1 exchange of currency1 loan1 extension of credit1 purchase or sale of any stock1 bond1 certificate of deposit1 or other monetary instrument1 use of a safe deposit box1 or any other payment1 transfer1 or delivery by1 through1 or to a financial institution1 by whatever means effected2 7#d7 the term financial transaction means 7,a7 a transaction which in any way or degree affects interstate or foreign commerce 7i7 involving the movement of funds by wire or other means or 7ii7 involving one or more monetary instruments1 or 7iii7 involving the transfer of title to any real property1 vehicle1 vessel1 or aircraft1 or 7,b7 a transaction involving the use of a financial institution which is engaged in1 or the activities of which affect1 interstate or foreign commerce in any way or degree2 7#e7 the term monetary instruments means 7i7 coin or currency of the ,united ,states or of any other country1 travelers' checks1 personal checks1 bank checks1 and money orders1 or 7ii7 investment securities or negotiable instruments1 in bearer form or otherwise in such form that title thereto passes upon delivery2 7#f7 the term financial institution means-- 7,a7 any financial institution1 as defined in section #ecab7;a77#b7 of title #ca1 or regulations under such section2 or 7,b7 any foreign bank1 as defined in section #a of the ,international ,banking ,act of #aigh2 7#g7 the term specified unlawful activity means-- 7,a7 any act or activity constituting an offense listed in section #eaa7a7 except an act which is indictable under subchapter ,,ii of chapter #ec of title #ca2 7,b7 with respect to a financial transaction occurring in whole or in part in the ,united ,states1 an offense against a foreign nation involving-- 7i7 the manufacture1 importation1 sale1 or distribution of a controlled substance2 7ii7 murder1 kidnapping1 robbery1 extortion1 destruction of property by means of explosive or fire1 or a crime of violence2 7iii7 fraud1 or any scheme or attempt to defraud1 by or against a foreign bank 7as defined in paragraph #g of section #a7;b7 of the ,international ,banking ,act of #aigh72 7iv7 bribery of a public official1 or the misappropriation1 theft1 or embezzlement of public funds by or for the benefit of a public official2 7v7 smuggling or export control violations involving-- 7,i7 an item controlled on the ,united ,states ,munitions ,list established under section #ch of the ,arms ,export ,control ,act2 or 7,,ii7 an item controlled under regulations under the ,export ,administration ,regulations 7#ae ,c4,f4,r4 ,parts #gcj-ggd72 or 7vi7 an offense with respect to which the ,united ,states would be obligated by a multilateral treaty1 either to extradite the alleged offender or to submit the case for prosecution1 if the offender were found within the territory of the ,united ,states2 or 7vii7 trafficking in persons1 selling or buying of children1 sexual exploration or children1 or transporting1 recruiting or harboring a person1 including a child1 for commercial sex acts2 7,c7 any act or acts constituting a continuing criminal enterprise1 as that term is defined in section #dac2 7,d7 an offense under section #acja 7relating to the destruction of aircraft71 section #acje 7relating to violence at international airports71 section #aca 7relating to influencing1 impeding1 or retaliating against a ,federal official by threatening or injuring a family member71 section #hga 7relating to concealment of assets2 false oaths and claims2 bribery71 section #fbd 7relating to the variola virus71 section #ajjc 7relating to commissions or gifts for procuring loans71 section #gaa 7relating to money orders71 section #gab 7relating to postage stamps1 postage meter stamps1 and postal cards71 section #gah 7relating to securities of ,states and private entities71 section #hfa 7relating to entry of goods falsely classified71 section #hfb 7relating to entry of goods by means of false statements71 section #hfc 7relating to smuggling goods into the ,united ,states71 section #hfe 7relating to removing goods from customs custody2 breaking seals71 section #hfg 7relating to smuggling goods from the ,united ,states71 section #hfh 7relating to border tunnels and passages71 section #fda 7relating to public money1 property1 or records71 section #fdd 7relating to theft1 embezzlement1 or misapplication by bank officer or employee71 section #fde 7relating to lending1 credit1 and insurance institutions71 section #fdf 7relating to property mortgaged or pledged to farm credit agencies71 section #fed 7relating to theft or bribery concerning programs receiving ,federal funds71 section #cja1 #cjb1 or #cjc 7relating to espionage and censorship71 section #fja 7relating to prohibited transactions involving nuclear materials71 section #fad 7f7 or 7i7 7relating to destruction by explosives or fire of ,government property or property affecting interstate or foreign commerce71 section #add 7relating to communication of ransom demands and other threatening communications in or affecting commerce71 section #ehb7a7 7relating to the unlawful importation of firearms71 section #ehd7n7 7relating to firearms trafficking71 section #ibd 7relating to conspiracy to kill1 kidnap1 maim1 or injure certain property in a foreign country71 section #ggc 7relating to fraudulent bank entries71 section #ggd 7relating to fraudulent ,federal credit institution entries71 section #gge 7relating to ,federal ,deposit ,insurance ,corporation transactions71 section #ggi 7relating to fraudulent loan or credit applications71 section #ghg 7relating to computer fraud and abuse71 section #ghi 7relating to concealment of assets from conservator1 receiver1 or liquidating agent of financial institution71 section #ajb 7relating to ,federally punishable homicides71 section #aba 7relating to kidnapping71 section #abc 7relating to hostage taking71 section #abja 7relating to ,government property or contracts71 section #abjc 7relating to buildings or property within the special maritime and territorial jurisdiction71 section #idg 7relating to theft or receipt of stolen mail matter generally71 section #adc 7relating to bank robbery and incidental crimes71 section #bbc 7relating to certain activities relating to material involving the sexual exploitation of children and child pornography7 where the child pornography contains a visual depiction of an actual minor engaging in sexually explicit conduct1 section #acde 7relating to violence against maritime navigation71 section #fgf 7relating to criminal infringement of a copyright71 section #fhj 7relating to trafficking in counterfeit goods and services71 section #bga 7relating to weapons of mass destruction1 and explosives and other lethal devices71 section #bgb 7relating to atomic weapons71 section #bgc 7relating to acts of terrorism transcending national boundaries71 section #bge 7relating to missile systems designed to destroy aircraft71 section #bgf 7relating to radiological dispersal devices71 section #bgh or #bgi 7relating to providing material support to terrorists71 section #bhj 7relating to prohibitions against the financing of terrorism71 section #bha 7relating to receiving military-type training from a foreign terrorist organization71 section #dad 7relating to drug paraphernalia71 or section #acjg 7relating to aircraft piracy7 of this title1 a felony violation of the ,chemical ,diversion and ,trafficking ,act of #aihh 7relating to precursor and essential chemicals71 section #eij of the ,tariff ,act of #aicj 7relating to aviation smuggling71 section #ch7;c7 7relating to criminal violations7 of the ,arms ,export ,control ,act1 section #aa 7relating to violations7 of the ,export ,administration ,act of #aigi1 section #bjf 7relating to penalties7 of the ,international ,emergency ,economic ,powers ,act1 section #af 7relating to offenses and punishment7 of the ,trading with the ,enemy ,act1 any felony violation of section #ae of the ,food and ,nutrition ,act of #bjjh 7relating to violations and enforcement7 involving a quantity of benefits having a value of not less than #e1jjj1 any violation of section #edc7;a77#a7 of the ,housing ,act of #aidi 7relating to equity skimming71 any felony violation of the ,foreign ,agents ,registration ,act of #aich1 or any felony violation of the ,foreign ,corrupt ,practices ,act2 7,e7 a felony violation of the ,federal ,water ,pollution ,control ,act1 the ,ocean ,dumping ,act1 the ,act to ,prevent ,pollution from ,ships1 the ,safe ,drinking ,water ,act1 or the ,resources ,conservation and ,recovery ,act2 or 7,f7 any act or activity constituting an offense involving a ,federal health care offense2 and 7#h7 the term proceeds means any property derived from or obtained or retained1 directly or indirectly1 through some form of unlawful activity1 including the gross receipts of such activity4 7d7 ,extraterritorial jurisdiction ,there is extraterritorial jurisdiction over the an offense under this section if-- 7#a7 the conduct is by a ,united ,states citizen or1 in the case of a non-,united ,states citizen1 the conduct occurs in part in the ,united ,states2 and 7#b7 the transaction or series of related transactions involves funds or monetary instruments of a value exceeding #aj1jjj4 7e7 ,notice of conviction of financial institutions ,if any financial institution or any officer1 director1 or employee of any financial institution has been found guilty of an offense under this section1 section #adeb or #ejh1 or section #ecbb or #ecbd of title #ca1 the ,attorney ,general shall provide written notice of such fact to the appropriate regulatory agency for the financial institution4 7f7 ,venue 7#a7 ,except as provided in paragraph 7#b71 a prosecution for an offense under this section or section #adeb may be brought in-- 7,a7 any district in which the financial or monetary transaction is conducted2 or 7,b7 any district where a prosecution for the underlying specified unlawful activity could be brought1 if the defendant participated in the transfer of the proceeds of the specified unlawful activity from that district to the district where the financial or monetary transaction is conducted4 7#b7 ,a prosecution for an attempt or conspiracy offense under this section or section #aieg may be brought in the district where venue would lie for the completed offense under paragraph 7#a71 or in any other district where an act in furtherance of the attempt or conspiracy took place4 7#c7 ,for purposes of this section1 a transfer of funds from #a place to another1 by wire or any other means1 shall constitute a single1 continuing transaction4 ,any person who conducts 7as that term is defined in subsection 7c77#b77 any portion of the transaction may be charged in any district in which the transaction takes place4 #adeb4 ,engaging in monetary transactions in property derived from specified unlawful activity 7a7 ,elements of offense ,whoever1 as made applicable by subsection 7d71 knowingly engages or attempts to engage in a monetary transaction in criminally derived property of a value greater than #aj1jjj and is derived from specified unlawful activity1 shall be punished as provided in subsection 7b74 7b7 ,punishment 7#a7 ,except as provided in paragraph 7#b71 the punishment for an offense under this section is imprisonment for not more than ten years4 7#b7 ,the court may impose an alternate fine to that imposable under paragraph 7#a7 of not more than twice the amount of the criminally derived property involved in the transaction4 7c7 ,proof ,in a prosecution for an offense under this section1 the ,government is not required to prove the defendant knew that the offense from which the criminally derived property was derived was specified unlawful activity4 7d7 ,applicability ,subsection 7a7 applies if-- 7#a7 that the offense under this section takes place in the ,united ,states or in the special maritime and territorial jurisdiction of the ,united ,states2 or 7#b7 that the offense under this section takes place outside the ,united ,states and such special jurisdiction1 but the defendant is a ,united ,states person 7as defined in section #cjgg1 but excluding the class described in paragraph 7#b77;,d7 of such section74 7e7 ,investigative authority ,violations of this section may be investigated by such components of the ,department of ,justice as the ,attorney ,general may direct1 and by such components of the ,department of the ,treasury as the ,secretary of the ,treasury may direct1 as appropriate1 and1 with respect to offenses over which the ,department of ,homeland ,security has jurisdiction1 by such components of the ,department of ,homeland ,security as the ,secretary of ,homeland ,security may direct1 and1 with respect to offenses over which the ,united ,states ,postal ,service has jurisdiction1 by the ,postal ,service4 ,such authority of the ,secretary of the ,treasury1 the ,secretary of ,homeland ,security1 and the ,postal ,service shall be exercised in accordance with an agreement which shall be entered into by the ,secretary of the ,treasury1 the ,secretary of ,homeland ,security1 the ,postal ,service1 and the ,attorney ,general4 7f7 ,definitions ,as used in this section-- 7#a7 the term monetary transaction means the deposit1 withdrawal1 transfer1 or exchange1 in or affecting interstate or foreign commerce1 of funds or a monetary instrument 7as defined in section #adea7;c77#e77 by1 through1 or to a financial institution 7as defined in section #adea71 including any transaction that would be a financial transaction under section #adea7;c77#d77;,b71 but such term does not include any transaction necessary to preserve a person's right to representation as guaranteed by the sixth amendment to the ,constitution2 7#b7 the term criminally derived property means any property constituting1 or derived from1 proceeds obtained from a criminal offense2 and 7#c7 the terms specified unlawful activity and proceeds shall have the meaning given those terms in section #adea4 #adec4 ,structuring transactions to evade reporting requirement prohibited 7a7 ,domestic coin and currency transactions involving financial institutions ,no person shall1 for the purpose of evading the reporting requirements of section #ecac7;a7 or #ecbe of title #ca or any regulation prescribed under any such section1 the reporting or recordkeeping requirements imposed by any order issued under section #ecbf of that title1 or the recordkeeping requirements imposed by any regulation prescribed under section #ba of the ,federal ,deposit ,insurance ,act or section #abc of ,public ,law #ia-ejh-- 7#a7 cause or attempt to cause a domestic financial institution to fail to file a report required under section #ecac7;a7 or #ecbe of title #ca or any regulation prescribed under any such section1 to file a report or to maintain a record required by an order issued under section #ecbf of title #ca1 or to maintain a record required pursuant to any regulation prescribed under section #ba of the ,federal ,deposit ,insurance ,act or section #abc of ,public ,law #ia-ejh2 7#b7 cause or attempt to cause a domestic financial institution to file a report required under section #ecac7;a7 or #ecbe of title #ca or any regulation prescribed under any such section1 to file a report or to maintain a record required by any order issued under section #ecbf of title #ca1 or to maintain a record required pursuant to any regulation prescribed under section #ecbf of title #ca1 or to maintain a record required pursuant to any regulation prescribed under section #ba of the ,federal ,deposit ,insurance ,act or section #abc of ,public ,law #ia-ejh1 that contains a material omission or misstatement of fact2 or 7#c7 structure or assist in structuring1 or attempt to structure or assist in structuring1 any transaction with one or more domestic financial institutions4 7b7 ,domestic coin and currency transactions involving nonfinancial trades or businesses ,no person shall1 for the purpose of evading the report requirements of section #ecca of title #ca or any regulation prescribed under such section-- 7#a7 cause or attempt to cause a nonfinancial trade or business to fail to file a report required under section #ecca of title #ca or any regulation prescribed under such section2 7#b7 cause or attempt to cause a nonfinancial trade or business to file a report required under section #ecca of title #ca or any regulation prescribed under such section that contains a material omission or misstatement of fact2 or 7#c7 structure or assist in structuring1 or attempt to structure or assist in structuring1 any transaction with #a or more nonfinancial trades or businesses4 7c7 ,international monetary instrument transactions ,no person shall1 for the purpose of evading the reporting requirements of section #ecaf of title #ca-- 7#a7 fail to file a report required by section #ecaf of title #ca1 or cause or attempt to cause a person to fail to file such a report2 7#b7 file or cause or attempt to cause a person to file a report required under section #ecaf of title #ca that contains a material omission or misstatement of fact2 or 7#c7 structure or assist in structuring1 or attempt to structure or assist in structuring1 any importation or exportation of monetary instruments4 7d7 ,criminal penalty 7#a7 ,in general ,whoever violates this section shall be imprisoned for not more than #e years4 7#b7 ,enhanced penalty for aggravated cases ,whoever violates this section while violating another law of the ,united ,states or as part of a pattern of any illegal activity involving more than #ajj1jjj in a #ab-month period shall be imprisoned for not more than #aj years4 #aded4 ,bulk cash smuggling into or out of the ,united ,states 7a7 ,criminal offense 7#a7 ,in general ,whoever1 with the intent to evade a currency reporting requirement under section #ecaf of title #ca1 knowingly conceals more than #aj1jjj in currency or other monetary instruments on the person of such individual or in any conveyance1 article of luggage1 merchandise1 or other container1 and transports or transfers or attempts to transport or transfer such currency or monetary instruments from a place within the ,united ,states to a place outside of the ,united ,states1 or from a place outside the ,united ,states to a place within the ,united ,states1 shall be guilty of a currency smuggling offense and imprisoned for not more than #e years4 7#b7 ,concealment on person ,for purposes of this section1 the concealment of currency on the person of any individual includes concealment in any article of clothing worn by the individual or in any luggage1 backpack1 or other container worn or carried by such individual4 #cg ,,privacy ,subchapter ,a4 ,privacy ,b4 ,wire and electronic communications interception and interception of oral communications ,c4 ,stored wire and electronic communications and transactional records access ,d4 ,prohibition on release and use of certain personal information from ,state motor vehicle records ,e4 ,identity theft ,a ,,privacy ,sec4 #adha4 ,video voyeurism4 #adha4 ,video voyeurism 7a7 ,offense ,whoever1 in the special maritime and territorial jurisdiction of the ,united ,states1 has the intent to capture an image of a private area of an individual without their consent1 and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy1 shall be imprisoned not more than one year4 7b7 ,definitions for section ,as used in this section-- 7#a7 the term capture1 with respect to an image1 means to videotape1 photograph1 film1 record by any means1 or broadcast2 7#b7 the term broadcast means to electronically transmit a visual image with the intent that it be viewed by a person or persons2 7#c7 the term a private area of the individual means the naked or undergarment clad genitals1 pubic area1 buttocks1 or female breast of that individual2 7#d7 the term female breast means any portion of the female breast below the top of the areola2 and 7#e7 the term under circumstances in which that individual has a reasonable expectation of privacy means-- 7,a7 circumstances in which a reasonable person would believe that he or she could disrobe in privacy1 without being concerned that an image of a private area of the individual was being captured2 or 7,b7 circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public1 regardless of whether that person is in a public or private place4 7c7 ,exclusion ,this section does not prohibit any lawful law enforcement1 correctional1 or intelligence activity4 ,b ,,wire ,,and ,,electronic ,,communications ,,interception ,,and ,,interception ,,of ,,oral ,,communications #adia4 ,definitions4 #adib4 ,interception and disclosure of wire1 oral1 or electronic communications prohibited4 #adic4 ,manufacture1 distribution1 possession1 and advertising of wire1 oral1 or electronic communication intercepting devices prohibited4 #adid4 ,confiscation of wire1 oral1 or electronic communication intercepting devices4 #adia4 ,definitions ,as used in this subchapter-- 7#a7 the term wire communication means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire1 cable1 or other like connection between the point of origin and the point of reception 7including the use of such connection in a switching station7 furnished or operated by any person engaged in providing or operating such facilities for the transmission of interstate or foreign communications or communications affecting interstate or foreign commerce2 7#b7 the term oral communication means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation1 but such term does not include any electronic communication2 7#c7 the term intercept means the aural or other acquisition of the contents of any wire1 electronic1 or oral communication through the use of any electronic1 mechanical1 or other device2 7#d7 the term electronic1 mechanical1 or other device means any device or apparatus which can be used to intercept a wire1 oral1 or electronic communication other than-- 7,a7 any telephone or telegraph instrument1 equipment or facility1 or any component thereof1 7i7 furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business2 or 7ii7 being used by a provider of wire or electronic communication service in the ordinary course of its business1 or by an investigative or law enforcement officer in the ordinary course of his duties2 7,b7 a hearing aid or similar device being used to correct subnormal hearing to not better than normal2 7#e7 the term ,investigative or law enforcement officer means any officer of the ,united ,states or of a ,state or political subdivision thereof1 who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter1 and any attorney authorized by law to prosecute or participate in the prosecution of such offenses2 7#f7 the term contents1 when used with respect to any wire1 oral1 or electronic communication1 includes any information concerning the substance1 purport1 or meaning of that communication2 7#g7 the term ,judge of competent jurisdiction means-- 7,a7 a judge of a ,united ,states district court or a ,united ,states court of appeals2 and 7,b7 a judge of any court of general criminal jurisdiction of a ,state who is authorized by a statute of that ,state to enter orders authorizing interceptions of wire1 oral1 or electronic communications2 7#h7 the term communication common carrier has the meaning given that term in section #c of the ,communications ,act of #aicd2 7#i7 the term aggrieved person means a person who was a party to any intercepted wire1 oral1 or electronic communication or a person against whom the interception was directed2 7#aj7 the term electronic communication means any transfer of signs1 signals1 writing1 images1 sounds1 data1 or intelligence of any nature transmitted in whole or in part by a wire1 radio1 electromagnetic1 photoelectronic or photooptical system that affects interstate or foreign commerce1 but does not include-- 7,a7 any wire or oral communication2 7,b7 any communication made through a tone-only paging device2 7,c7 any communication from a tracking device 7as defined in section #caag72 or 7,d7 electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds2 7#aa7 the term user means any person or entity who-- 7,a7 uses an electronic communication service2 and 7,b7 is duly authorized by the provider of such service to engage in such use2 7#ab7 the term electronic communications system means any wire1 radio1 electromagnetic1 photooptical or photoelectronic facilities for the transmission of wire or electronic communications1 and any computer facilities or related electronic equipment for the electronic storage of such communications2 7#ac7 the term electronic communication service means any service which provides to users thereof the ability to send or receive wire or electronic communications2 7#ad7 the term readily accessible to the general public means1 with respect to a radio communication1 that such communication is not-- 7,a7 scrambled or encrypted2 7,b7 transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication2 7,c7 carried on a subcarrier or other signal subsidiary to a radio transmission2 7,d7 transmitted over a communication system provided by a common carrier1 unless the communication is a tone only paging system communication2 or 7,e7 transmitted on frequencies allocated under part #be1 subpart ,d1 ,e1 or ,f of part #gd1 or part #id of the ,rules of the ,federal ,communications ,commission1 unless1 in the case of a communication transmitted on a frequency allocated under part #gd that is not exclusively allocated to broadcast auxiliary services1 the communication is a two-way voice communication by radio2 7#ae7 the term electronic storage means-- 7,a7 any temporary1 intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof2 and 7,b7 any storage of such communication by an electronic communication service for purposes of backup protection of such communication2 7#af7 the term aural transfer means a transfer containing the human voice at any point between and including the point of origin and the point of reception2 7#ag7 the term foreign intelligence information1 for purposes of section #caai;,b7f71 means-- 7,a7 information1 whether or not concerning a ,united ,states person1 that relates to the ability of the ,united ,states to protect against-- 7i7 actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power2 7ii7 sabotage or international terrorism by a foreign power or an agent of a foreign power2 or 7iii7 clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power2 or 7,b7 information1 whether or not concerning a ,united ,states person1 with respect to a foreign power or foreign territory that relates to-- 7i7 the national defense or the security of the ,united ,states2 or 7ii7 the conduct of the foreign affairs of the ,united ,states2 7#ah7 the term protected computer has the meaning set forth in section #ghg2 and 7#ai7 the term computer trespasser-- 7,a7 means a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to1 through1 or from the protected computer2 and 7,b7 does not include a person known by the owner or operator of the protected computer to have an existing contractual relationship with the owner or operator of the protected computer for access to all or part of the protected computer4 #adib4 ,interception and disclosure of wire1 oral1 or electronic communications prohibited 7a7 ,offense ,except as otherwise specifically provided in this subchapter whoever-- 7#a7 intentionally intercepts1 endeavors to intercept1 or procures any other person to intercept or endeavor to intercept1 any wire1 oral1 or electronic communication2 7#b7 intentionally uses1 endeavors to use1 or procures any other person to use or endeavor to use any electronic1 mechanical1 or other device to intercept any oral communication when-- 7,a7 such device is affixed to1 or otherwise transmits a signal through1 a wire1 cable1 or other like connection used in wire communication2 7,b7 such device transmits communications by radio1 or interferes with the transmission of such communication2 7,c7 such person knows1 or has reason to know1 that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce2 7,d7 such use or endeavor to use 7i7 takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce2 or 7ii7 obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign commerce2 or 7,e7 such person acts in the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 or any territory or possession of the ,united ,states2 7#c7 intentionally discloses1 or endeavors to disclose1 to any other person the contents of any wire1 oral1 or electronic communication1 knowing or having reason to know that the information was obtained through the interception of a wire1 oral1 or electronic communication in violation of this subsection2 7#d7 intentionally uses1 or endeavors to use1 the contents of any wire1 oral1 or electronic communication1 knowing or having reason to know that the information was obtained through the interception of a wire1 oral1 or electronic communication in violation of this subsection2 or 7#e7 intentionally discloses1 or endeavors to disclose1 to any other person the contents of any wire1 oral1 or electronic communication1 intercepted by means authorized by sections #adib7;b77#a77;,b71 #adib7;b77#b7-7c71 #adib7;b77#e71 #caai;,a1 and #caai;,c-- 7,a7 knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation2 7,b7 having obtained or received the information in connection with a criminal investigation2 and 7,c7 with intent to improperly obstruct1 impede1 or interfere with a duly authorized criminal investigation1 shall be punished as provided in subsection 7d7 or shall be subject to suit as provided in subsection 7e74 7b7 ,exclusions 7#a7 7,a7 ,it shall not be unlawful under this subchapter for an operator of a switchboard1 or an officer1 employee1 or agent of a provider of wire or electronic communication service1 whose facilities are used in the transmission of a wire or electronic communication1 to intercept1 disclose1 or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service1 except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks4 7,b7 ,notwithstanding any other law1 providers of wire or electronic communication service1 their officers1 employees1 and agents1 landlords1 custodians1 or other persons1 are authorized to provide information1 facilities1 or technical assistance to persons authorized by law to intercept wire1 oral1 or electronic communications or to conduct electronic surveillance1 as defined in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh1 if such provider1 its officers1 employees1 or agents1 landlord1 custodian1 or other specified person1 has been provided with-- 7i7 a court order directing such assistance or a court order pursuant to section #gjd of the ,foreign ,intelligence ,surveillance ,act of #aigh signed by the authorizing judge1 or 7ii7 a certification in writing by a person specified in section #caai;,c7g7 or the ,attorney ,general of the ,united ,states that no warrant or court order is required by law1 that all statutory requirements have been met1 and that the specified assistance is required1 setting forth the period of time during which the provision of the information1 facilities1 or technical assistance is authorized and specifying the information1 facilities1 or technical assistance required4 ,no provider of wire or electronic communication service1 officer1 employee1 or agent thereof1 or landlord1 custodian1 or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order or certification under this subchapter1 except as may otherwise be required by legal process and then only after prior notification to the ,attorney ,general or to the principal prosecuting attorney of a ,state or any political subdivision of a ,state1 as may be appropriate4 ,any such disclosure1 shall render such person liable for the civil damages provided for in section #caai;,e4 ,no cause of action shall lie in any court against any provider of wire or electronic communication service1 its officers1 employees1 or agents1 landlord1 custodian1 or other specified person for providing information1 facilities1 or assistance in accordance with the terms of a court order1 statutory authorization1 or certification under this subchapter4 7,c7 ,if a certification under subparagraph 7,b77ii7 for assistance to obtain foreign intelligence information is based on statutory authority1 the certification shall identify the specific statutory provision and shall certify that the statutory requirements have been met4 7#b7 ,it shall not be unlawful under this subchapter for an officer1 employee1 or agent of the ,federal ,communications ,commission1 in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the ,commission in the enforcement of chapter #e of title #dg of the ,united ,states ,code1 to intercept a wire or electronic communication1 or oral communication transmitted by radio1 or to disclose or use the information thereby obtained4 7#c7 ,it shall not be unlawful under this subchapter for a person acting under color of law to intercept a wire1 oral1 or electronic communication1 where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception4 7#d7 ,it shall not be unlawful under this subchapter for a person not acting under color of law to intercept a wire1 oral1 or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the ,constitution or laws of the ,united ,states or of any ,state4 7#e7 ,notwithstanding any other provision of this title or section #gje or #gjf of the ,communications ,act of #aicd1 it shall not be unlawful for an officer1 employee1 or agent of the ,united ,states in the normal course of his official duty to conduct electronic surveillance1 as defined in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as authorized by that ,act4 7#f7 ,nothing in this subchapter1 subchapter ,c or chapter #bje;,b of this title1 or section #gje of the ,communications ,act of #aicd1 affects the acquisition by the ,united ,states ,government of foreign intelligence information from international or foreign communications1 or foreign intelligence activities conducted in accordance with otherwise applicable ,federal law involving a foreign electronic communications system1 utilizing a means other than electronic surveillance as defined in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh4 ,the procedures in this subchapter1 subchapter ,c or chapter #bje;,b of this title1 or section #gje of the ,communications ,act of #aicd1 and the ,foreign ,intelligence ,surveillance ,act of #aigh shall be the exclusive means by which electronic surveillance1 as defined in section #aja of such ,act1 and the interception of domestic wire1 oral1 and electronic communications may be conducted4 7#g7 ,it shall not be unlawful under this subchapter or subchapter ,c for any person-- 7,a7 to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public2 7,b7 to intercept any radio communication which is transmitted-- 7i7 by any station for the use of the general public1 or that relates to ships1 aircraft1 vehicles1 or persons in distress2 7ii7 by any governmental1 law enforcement1 civil defense1 private land mobile1 or public safety communications system1 including police and fire1 readily accessible to the general public2 7iii7 by a station operating on an authorized frequency within the bands allocated to the amateur1 citizens band1 or general mobile radio services2 or 7iv7 by any marine or aeronautical communications system2 7,c7 to engage in any conduct which-- 7i7 is prohibited by section #fcc of the ,communications ,act of #aicd2 or 7ii7 is excepted from the application of section #gje7;a7 of the ,communications ,act of #aicd by section #gje7;b7 of that ,act2 7,d7 to intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment1 to the extent necessary to identify the source of such interference2 or 7,e7 for other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system1 if such communication is not scrambled or encrypted4 7#h7 ,it shall not be unlawful under this subchapter-- 7,a7 to use a pen register or a trap and trace device 7as those terms are defined for the purposes of chapter #bjf 7relating to pen registers and trap and trace devices772 or 7,b7 for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider1 another provider furnishing service toward the completion of the wire or electronic communication1 or a user of that service1 from fraudulent1 unlawful or abusive use of such service4 7#i7 ,it shall not be unlawful under this subchapter for a person acting under color of law to intercept the wire or electronic communications of a computer trespasser transmitted to1 through1 or from the protected computer1 if-- 7,a7 the owner or operator of the protected computer authorizes the interception of the computer trespasser's communications on the protected computer2 7,b7 the person acting under color of law is lawfully engaged in an investigation2 7,c7 the person acting under color of law has reasonable grounds to believe that the contents of the computer trespasser's communications will be relevant to the investigation2 and 7,d7 such interception does not acquire communications other than those transmitted to or from the computer trespasser4 7c7 ,contents in transmission 7#a7 ,except as provided in paragraph 7#b7 of this subsection1 a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication 7other than one to such person or entity1 or an agent thereof7 while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient4 7#b7 ,a person or entity providing electronic communication service to the public may divulge the contents of any such communication-- 7,a7 as otherwise authorized in section #adib7;b77#a7 or #caai;,b2 7,b7 with the lawful consent of the originator or any addressee or intended recipient of such communication2 7,c7 to a person employed or authorized1 or whose facilities are used1 to forward such communication to its destination2 or 7,d7 which were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime1 if such divulgence is made to a law enforcement agency4 7d7 ,punishment 7#a7 ,except as provided in paragraph 7#b7 of this subsection or in subsection 7e71 whoever violates subsection 7a7 of this section shall be imprisoned not more than five years4 7#b7 ,conduct otherwise an offense under this subsection that consists of or relates to the interception of a satellite transmission that is not encrypted or scrambled and that is transmitted-- 7,a7 to a broadcasting station for purposes of retransmission to the general public2 or 7,b7 as an audio subcarrier intended for redistribution to facilities open to the public1 but not including data transmissions or telephone calls1 is not an offense under this subsection unless the conduct is for the purposes of direct or indirect commercial advantage or private financial gain4 7e7 ,certain communications 7#a7 7,a7 ,if the communication is-- 7i7 a private satellite video communication that is not scrambled or encrypted and the conduct in violation of this subchapter is the private viewing of that communication and is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain2 or 7ii7 a radio communication that is transmitted on frequencies allocated under subpart ,d of part #gd of the rules of the ,federal ,communications ,commission that is not scrambled or encrypted and the conduct in violation of this subchapter is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain1 then the person who engages in such conduct shall be subject to suit by the ,federal ,government in a court of competent jurisdiction4 7,b7 ,in an action under this subsection-- 7i7 if the violation of this subchapter is a first offense for the person under paragraph 7#a7 of subsection 7d7 and such person has not been found liable in a civil action under section #caai;,e1 the ,federal ,government shall be entitled to appropriate injunctive relief2 and 7ii7 if the violation of this subchapter is a second or subsequent offense under paragraph 7#a7 of subsection 7d7 or such person has been found liable in any prior civil action under section #caai;,e1 the person shall be subject to a mandatory #ejj civil fine4 7#b7 ,the court may use any means within its authority to enforce an injunction issued under paragraph 7#a77;,b77i71 and shall impose a civil fine of not less than #ejj for each violation of such an injunction4 #adic4 ,manufacture1 distribution1 possession1 and advertising of wire1 oral1 or electronic communication intercepting devices prohibited 7a7 ,offense ,except as otherwise specifically provided in this subchapter1 whoever intentionally-- 7#a7 sends through the mail1 or sends or carries in interstate or foreign commerce1 any electronic1 mechanical1 or other device1 knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire1 oral1 or electronic communications2 7#b7 manufactures1 assembles1 possesses1 or sells any electronic1 mechanical1 or other device1 knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire1 oral1 or electronic communications1 and that such device or any component thereof has been or will be sent through the mail or transported in interstate or foreign commerce2 or 7#c7 places in any newspaper1 magazine1 handbill1 or other publication or disseminates by electronic means any advertisement of-- 7,a7 any electronic1 mechanical1 or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire1 oral1 or electronic communications2 or 7,b7 any other electronic1 mechanical1 or other device1 where such advertisement promotes the use of such device for the purpose of the surreptitious interception of wire1 oral1 or electronic communications1 knowing the content of the advertisement and knowing or having reason to know that such advertisement will be sent through the mail or transported in interstate or foreign commerce1 shall be imprisoned for not more than five years4 7b7 ,exclusion ,it shall not be unlawful under this section for-- 7#a7 a provider of wire or electronic communication service or an officer1 agent1 or employee of1 or a person under contract with1 such a provider1 in the normal course of the business of providing that wire or electronic communication service1 or 7#b7 an officer1 agent1 or employee of1 or a person under contract with1 the ,united ,states1 a ,state1 or a political subdivision thereof1 in the normal course of the activities of the ,united ,states1 a ,state1 or a political subdivision thereof1 to send through the mail1 send or carry in interstate or foreign commerce1 or manufacture1 assemble1 possess1 or sell any electronic1 mechanical1 or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire1 oral1 or electronic communications4 7c7 ,additional exclusion ,it shall not be unlawful under this section to advertise for sale a device described in subsection 7a7 of this section if the advertisement is mailed1 sent1 or carried in interstate or foreign commerce solely to a domestic provider of wire or electronic communication service or to an agency of the ,united ,states1 a ,state1 or a political subdivision thereof which is duly authorized to use such device4 #adid4 ,confiscation of wire1 oral1 or electronic communication intercepting devices ,any electronic1 mechanical1 or other device used1 sent1 carried1 manufactured1 assembled1 possessed1 sold1 or advertised in violation of section #adib or section #adic may be seized and forfeited to the ,united ,states4 ,all provisions of law relating to 7#a7 the seizure1 summary and judicial forfeiture1 and condemnation of vessels1 vehicles1 merchandise1 and baggage for violations of the customs laws contained in title #ai of the ,united ,states ,code1 7#b7 the disposition of such vessels1 vehicles1 merchandise1 and baggage or the proceeds from the sale thereof1 7#c7 the remission or mitigation of such forfeiture1 7#d7 the compromise of claims1 and 7#e7 the award of compensation to informers in respect of such forfeitures1 apply to seizures and forfeitures incurred1 or alleged to have been incurred1 under this section1 insofar as applicable and not inconsistent with this section2 except that such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels1 vehicles1 merchandise1 and baggage under the customs laws contained in title #ai of the ,united ,states ,code shall be performed with respect to seizure and forfeiture of electronic1 mechanical1 or other intercepting devices under this section by such officers1 agents1 or other persons as may be authorized or designated for that purpose by the ,attorney ,general4 ,c ,,stored ,,wire ,,and ,,electronic ,,communications ,,and ,,transactional ,,records ,,access ,sec4 #aeba4 ,unlawful access to stored communications4 #aeba4 ,unlawful access to stored communications 7a7 ,offense ,except as provided in subsection 7c7 of this section whoever-- 7#a7 intentionally accesses without authorization a facility through which an electronic communication service is provided2 or 7#b7 intentionally exceeds an authorization to access that facility2 and thereby obtains1 alters1 or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection 7b7 of this section4 7b7 ,punishment ,the punishment for an offense under subsection 7a7 of this section is-- 7#a7 if the offense is committed for purposes of commercial advantage1 malicious destruction or damage1 or private commercial gain1 or in furtherance of any criminal or tortious act in violation of the ,constitution or laws of the ,united ,states or any ,state-- 7,a7 a fine under this title or imprisonment for not more than #e years1 or both1 in the case of a first offense under this subparagraph2 and 7,b7 a fine under this title or imprisonment for not more than #aj years1 or both1 for any subsequent offense under this subparagraph2 and 7#b7 in any other case-- 7,a7 a fine under this title or imprisonment for not more than #a year or both1 in the case of a first offense under this paragraph2 and 7,b7 a fine under this title or imprisonment for not more than #e years1 or both1 in the case of an offense under this subparagraph that occurs after a conviction of another offense under this section4 7c7 ,exceptions ,subsection 7a7 of this section does not apply with respect to conduct authorized-- 7#a7 by the person or entity providing a wire or electronic communications service2 7#b7 by a user of that service with respect to a communication of or intended for that user2 or 7#c7 in section #cabj;,a1 #cabj;,b1 or #caai;,c4 #aebb4 ,definitions ,a term that is defined by chapter #bje;,b has the same meaning when used in this subchapter4 ,d ,,prohibition ,,on ,,release ,,and ,,use ,,of ,,certain ,,personal ,,information ,,from ,,state ,,motor ,,vehicle ,,records #aeda4 ,prohibition on release and use of certain personal information from ,state motor vehicle records4 #aedb4 ,additional unlawful acts4 #aedc4 ,penalties4 #aedd4 ,civil action4 #aede4 ,definitions4 #aeda4 ,prohibition on release and use of certain personal information from ,state motor vehicle records 7a7 ,in general ,a ,state department of motor vehicles1 and any officer1 employee1 or contractor thereof1 shall not knowingly disclose or otherwise make available to any person or entity-- 7#a7 personal information about any individual obtained by the department in connection with a motor vehicle record1 except as provided in subsection 7b7 of this section2 or 7#b7 highly restricted personal information about any individual obtained by the department in connection with a motor vehicle record1 without the express consent of the person to whom such information applies1 except uses permitted in subsections 7b77#a71 7b77#d71 7b77#f71 and 7b77#i71 but this paragraph does not in any way affect the use of organ donation information on an individual's driver's license or affect the administration of organ donation initiatives in the ,states4 7b7 ,permissible uses ,personal information referred to in subsection 7a7 shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft1 motor vehicle emissions1 motor vehicle product alterations1 recalls1 or advisories1 performance monitoring of motor vehicles and dealers by motor vehicle manufacturers1 and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of titles ,i and ,,iv of the ,anti ,car ,theft ,act of #aiib1 the ,automobile ,information ,disclosure ,act1 the ,clean ,air ,act1 and chapters #cja1 #cje1 and #cba-cca of title #di1 and1 subject to subsection 7a77#b71 may be disclosed as follows3 7#a7 ,for use by any government agency1 including any court or law enforcement agency1 in carrying out its functions1 or any private person or entity acting on behalf of a ,federal1 ,state1 or local agency in carrying out its functions4 7#b7 ,for use in connection with matters of motor vehicle or driver safety and theft2 motor vehicle emissions2 motor vehicle product alterations1 recalls1 or advisories2 performance monitoring of motor vehicles1 motor vehicle parts and dealers2 motor vehicle market research activities1 including survey research2 and removal of non-owner records from the original owner records of motor vehicle manufacturers4 7#c7 ,for use in the normal course of business by a legitimate business or its agents1 employees1 or contractors1 but only-- 7,a7 to verify the accuracy of personal information submitted by the individual to the business or its agents1 employees1 or contractors2 and 7,b7 if such information as so submitted is not correct or is no longer correct1 to obtain the correct information1 but only for the purposes of preventing fraud by1 pursuing legal remedies against1 or recovering on a debt or security interest against1 the individual4 7#d7 ,for use in connection with any civil1 criminal1 administrative1 or arbitral proceeding in any ,federal1 ,state1 or local court or agency or before any self-regulatory body1 including the service of process1 investigation in anticipation of litigation1 and the execution or enforcement of judgments and orders1 or pursuant to an order of a ,federal1 ,state1 or local court4 7#e7 ,for use in research activities1 and for use in producing statistical reports1 so long as the personal information is not published1 redisclosed1 or used to contact individuals4 7#f7 ,for use by any insurer or insurance support organization1 or by a self-insured entity1 or its agents1 employees1 or contractors1 in connection with claims investigation activities1 antifraud activities1 rating or underwriting4 7#g7 ,for use in providing notice to the owners of towed or impounded vehicles4 7#h7 ,for use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection4 7#i7 ,for use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under chapter #cac of title #di4 7#aj7 ,for use in connection with the operation of private toll transportation facilities4 7#aa7 ,for any other use in response to requests for individual motor vehicle records if the ,state has obtained the express consent of the person to whom such personal information pertains4 7#ab7 ,for bulk distribution for surveys1 marketing or solicitations if the ,state has obtained the express consent of the person to whom such personal information pertains4 7#ac7 ,for use by any requester1 if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains4 7#ad7 ,for any other use specifically authorized under the law of the ,state that holds the record1 if such use is related to the operation of a motor vehicle or public safety4 7c7 ,resale or redisclosure ,an authorized recipient of personal information 7except a recipient under subsection 7b77#aa7 or 7#ab77 may resell or redisclose the information only for a use permitted under subsection 7b7 7but not for uses under subsection 7b77#aa7 or 7#ab774 ,an authorized recipient under subsection 7b77#aa7 may resell or redisclose personal information for any purpose4 ,an authorized recipient under subsection 7b77#ab7 may resell or redisclose personal information pursuant to subsection 7b77#ab74 ,any authorized recipient 7except a recipient under subsection 7b77#aa77 that resells or rediscloses personal information covered by this chapter must keep for a period of #e years records identifying each person or entity that receives information and the permitted purpose for which the information will be used and must make such records available to the motor vehicle department upon request4 7d7 ,waiver procedures ,a ,state motor vehicle department may establish and carry out procedures under which the department or its agents1 upon receiving a request for personal information that does not fall within one of the exceptions in subsection 7b71 may mail a copy of the request to the individual about whom the information was requested1 informing such individual of the request1 together with a statement to the effect that the information will not be released unless the individual waives such individual's right to privacy under this section4 7e7 ,prohibition on conditions ,no ,state may condition or burden in any way the issuance of an individual's motor vehicle record to obtain express consent4 ,nothing in this paragraph shall be construed to prohibit a ,state from charging an administrative fee for issuance of a motor vehicle record4 #aedb4 ,additional unlawful acts 7a7 ,procurement for unlawful purpose ,it shall be unlawful for any person knowingly to obtain or disclose personal information1 from a motor vehicle record1 for any use not permitted under section #aeda7;b74 7b7 ,false representation ,it shall be unlawful for any person to make false representation to obtain any personal information from an individual's motor vehicle record4 #aedc4 ,penalties 7a7 ,criminal fine ,whoever knowingly violates this subchapter shall be fined under this title4 7b7 ,violations by ,state department of motor vehicles ,any ,state department of motor vehicles that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the ,attorney ,general of not more than #e1jjj a day for each day of substantial noncompliance4 #aedd4 ,civil action 7a7 ,cause of action ,a person who knowingly obtains1 discloses or uses personal information1 from a motor vehicle record1 for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains1 who may bring a civil action in a ,united ,states district court4 7b7 ,remedies ,the court may award-- 7#a7 actual damages1 but not less than liquidated damages in the amount of #b1ejj2 7#b7 punitive damages upon proof of willful or reckless disregard of the law2 7#c7 reasonable attorneys' fees and other litigation costs reasonably incurred2 and 7#d7 such other preliminary and equitable relief as the court determines to be appropriate4 #aede4 ,definitions ,as used in this subchapter-- 7#a7 the term motor vehicle record means any record that pertains to a motor vehicle operator's permit1 motor vehicle title1 motor vehicle registration1 or identification card issued by a department of motor vehicles2 7#b7 the term personal information means information that identifies an individual1 including an individual's photograph1 social security number1 driver identification number1 name1 address 7but not the #e-;digit zip code71 telephone number1 and medical or disability information1 but does not include information on vehicular accidents1 driving violations1 and driver's status2 7#c7 the term highly restricted personal information means an individual's photograph or image1 social security number1 medical or disability information2 and 7#d7 the term express consent means consent in writing1 including consent conveyed electronically that bears an electronic signature as defined in section #ajf7e7 of ,public ,law #ajf-bbi4 ,e ,,identity ,,theft ,sec4 #aeea4 ,obtaining information under false pretenses4 #aeeb4 ,unauthorized disclosures by officers or employees4 #aeec4 ,definitions for subchapter4 #aeea4 ,obtaining information under false pretenses ,whoever knowingly obtains information on a consumer from a consumer reporting agency under false pretenses shall be imprisoned for not more than #b years4 #aeeb4 ,unauthorized disclosures by officers or employees ,any officer or employee of a consumer reporting agency who knowingly provides information concerning an individual from the agency's files to a person not authorized to receive that information shall be imprisoned for not more than #b years4 #aeec4 ,definitions for subchapter ,a term defined in the ,fair ,credit ,reporting ,act shall have the same meaning when used in this subchapter4 #ej ,,forfeiture ,subchapter ,a4 ,property subject to forfeiture ,b4 ,civil forfeiture ,c4 ,criminal forfeiture ,a ,,property ,,subject ,,to ,,forfeiture ,sec4 #beja4 ,forfeitable property4 #beja4 ,forfeitable property ,as used in this chapter-- 7#a7 the term forfeitable property-- 7,a7 means any property1 real or personal1 tangible or intangible1 that is-- 7i7 used or intended to be used to commit or facilitate the offense2 7ii7 constituting1 derived from1 or traceable to proceeds of the offense2 or 7iii7 substitute assets for property described in subparagraph 7,a7 or 7,b72 and 7,b7 in the case of a ,federal crime of terrorism 7as defined in section #bgc7;g77#c771 includes all assets1 foreign and domestic-- 7i7 of any individual1 entity1 or organization engaged in planning or perpetrating the act1 and all assets1 foreign or domestic1 affording any person a source of influence over any such entity or organization2 7ii7 acquired or maintained by any person with the intent and for the purpose of supporting1 planning1 conducting1 or concealing the act2 or 7iii7 derived from1 involved in1 or used or intended to be used to commit the act2 and 7#b7 the term proceeds means all property obtained directly or indirectly from the offense4 ,b ,,civil ,,forfeiture #beea4 ,offenses giving rise to civil forfeiture4 #beeb4 ,procedure generally4 #beec4 ,general rules for civil forfeiture proceedings4 #beed4 ,civil forfeiture of fungible property4 #beee4 ,civil forfeiture of real property4 #beef4 ,subpoenas for bank records4 #beeg4 ,anti-terrorist forfeiture protection4 #beea4 ,offenses giving rise to civil forfeiture 7a7 ,criminally related property subject to forfeiture ,all right1 title1 and interest in forfeitable property relating to an offense described in subsection 7b7 shall vest in the ,united ,states upon commission of that offense4 7b7 ,offenses giving rise to civil forfeiture ,the following offenses give rise to civil forfeiture under this section3 7#a7 ,a violation of section #ejh1 #adea1 or #adeb4 7#b7 ,an offense against a foreign nation1 or any property used to facilitate such an offense1 if the offense-- 7,a7 involves trafficking in nuclear1 chemical1 biological1 or radiological weapons technology or material1 or the manufacture1 importation1 sale1 or distribution of a controlled substance1 or any other conduct described in section #adea7;c77#g77;,b72 7,b7 would be punishable within the jurisdiction of the foreign nation by death or imprisonment for a term exceeding one year2 and 7,c7 would be punishable under the laws of the ,united ,states by imprisonment for a term exceeding one year1 if the conduct constituting the offense had occurred within the jurisdiction of the ,united ,states4 7#c7 ,a violation of section #eab1 #fab1 #fad1 #fdd1 #fde1 #fib-fie1 #fig-gjb1 #gab1 #gaf1 #ggc-gge1 #ggi1 #ghc1 #ghf1 #ghg1 #ghi1 #hjd1 #hfb1 #hfc1 or #ajjc or any offense constituting specified unlawful activity 7as defined in section #adea7;c77#g774 7#d7 ,a violation of-- 7,a7 section #fec7;a77#a7 7relating to theft or concerning programs receiving ,federal funds72 7,b7 section #ggb 7relating to fraud and false statements72 7,c7 section #ghh 7relating to major fraud against the ,united ,states72 7,d7 section #ghi 7relating to concealment of assets from conservator or receiver of insured financial institution72 7,e7 section #hja 7relating to mail fraud72 or 7,f7 section #hjc 7relating to wire fraud71 if such violation relates to the sale of assets acquired or held by the ,federal ,deposit ,insurance ,corporation1 as conservator or receiver for a financial institution1 or any other conservator for a financial institution appointed by the ,office of the ,comptroller of the ,currency or the ,national ,credit ,union ,administration1 as conservator or liquidating agent for a financial institution4 7#e7 ,a violation of-- 7,a7 section #gag 7relating to altering or removing motor vehicle identification numbers72 7,b7 section #hff 7relating to importing or exporting stolen motor vehicles72 7,c7 section #fga 7relating to transporting stolen motor vehicles in interstate commerce72 or 7,d7 section #fgb 7relating to possessing or selling a stolen motor vehicle that has moved in interstate commerce74 7#f7 ,a ,federal crime of terrorism 7as defined in section #bgc7;g77#c774 7#g7 ,any act of international terrorism 7as defined in section #bhc7 against the ,united ,states1 citizens or residents of the ,united ,states1 or their property1 against any international organization as defined in the ,state ,department ,basic ,authorities ,act of #aief1 or against any foreign government4 7#h7 ,a violation of section #bhj4 7#i7 ,a violation of chapter #ag4 7#aj7 ,a violation of subchapter ,d or ,f of chapter #ce4 7#aa7 ,a violation of section #bba1 #bbb1 #bbc1 or #bbd1 or subchapter ,b of chapter #ac4 7#ab7 ,a violation of section #cah1 #eje1 #iea1 or #aded4 7#ac7 ,a violation of section #fge1 #fgf1 #fgg1 #fgh1 #fgi1 #fhj1 or subchapter ,c of chapter #ce4 7c7 ,application to other civil forfeitures ,unless otherwise specified1 whenever a law of the ,united ,states provides for civil forfeiture1 this subchapter applies to that forfeiture4 #beeb4 ,procedure generally 7a7 ,seizure and preliminary matters 7#a7 ,except as provided in section #beee1 any property subject to forfeiture to the ,united ,states under section #beea may be seized by the ,attorney ,general and1 in the case of property involved in a violation investigated by the ,secretary of the ,treasury or the ,united ,states ,postal ,service1 the property may also be seized by the ,secretary of the ,treasury or the ,postal ,service1 respectively4 7#b7 ,seizures under this section shall be made pursuant to a warrant obtained in the same manner as provided for a search warrant under the ,federal ,rules of ,criminal ,procedure1 except that a seizure may be made without a warrant if-- 7,a7 a complaint for forfeiture has been filed in the ,united ,states district court and the court issued an arrest warrant in rem pursuant to the ,supplemental ,rules for ,certain ,admiralty and ,maritime ,claims2 7,b7 there is probable cause to believe that the property is subject to forfeiture and-- 7i7 the seizure is made pursuant to a lawful arrest or search2 or 7ii7 another exception to the ,fourth ,amendment warrant requirement would apply2 or 7,c7 the property was lawfully seized by a ,state or local law enforcement agency and transferred to a ,federal agency4 7#c7 ,notwithstanding rule #da7;a7 of the ,federal ,rules of ,criminal ,procedure1 a seizure warrant may be issued pursuant to this subsection by a judicial officer in any district in which a forfeiture action against the property may be filed under section #acee7;b7 of title #bh1 and may be executed in any district in which the property is found1 or transmitted to the central authority of any foreign state for service in accordance with any treaty or other international agreement4 ,any motion for the return of property seized under this section shall be filed in the district court in which the seizure warrant was issued or in the district court for the district in which the property was seized4 7#d7 7,a7 ,if any person is arrested or charged in a foreign country in connection with an offense that would give rise to the forfeiture of property in the ,united ,states under this section1 the ,attorney ,general may apply to any ,federal judge or magistrate judge in the district in which the property is located for an ex parte order restraining the property subject to forfeiture for not more than #cj days1 except that the time may be extended for good cause shown at a hearing conducted in the manner provided in rule #dc7;e7 of the ,federal ,rules of ,civil ,procedure4 7,b7 ,the application for the restraining order shall set forth the nature and circumstances of the foreign charges and the basis for belief that the person arrested or charged has property in the ,united ,states that would be subject to forfeiture1 and shall contain a statement that the restraining order is needed to preserve the availability of property for such time as is necessary to receive evidence from the foreign country or elsewhere in support of probable cause for the seizure of the property under this subsection4 7b7 ,securing of property ,property taken or detained under this section shall not be repleviable1 but shall be deemed to be in the custody of the ,attorney ,general1 the ,secretary of the ,treasury1 or the ,postal ,service1 as the case may be1 subject only to the orders and decrees of the court or the official having jurisdiction thereof4 ,whenever property is seized under this subsection1 the ,attorney ,general1 the ,secretary of the ,treasury1 or the ,postal ,service1 as the case may be1 may-- 7#a7 place the property under seal2 7#b7 remove the property to a place designated by him2 or 7#c7 require that the ,general ,services ,administration take custody of the property and remove it1 if practicable1 to an appropriate location for disposition in accordance with law4 7c7 ,application of customs laws ,for purposes of this section1 sections #fjb through #fai of the ,tariff ,act of #aicj1 insofar as they are applicable and not inconsistent with this section1 apply to seizures and forfeitures incurred1 or alleged to have been incurred1 under this section1 except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers1 agents1 or other persons as may be authorized or designated for that purpose by the ,attorney ,general1 the ,secretary of the ,treasury1 or the ,postal ,service1 as the case may be4 ,the ,attorney ,general shall have sole responsibility for disposing of petitions for remission or mitigation with respect to property involved in a judicial forfeiture proceeding4 7d7 ,retention or transfer of forfeited property ,notwithstanding any other provision of the law1 except section #c of the ,anti ,drug ,abuse ,act of #aihf1 the ,attorney ,general1 the ,secretary of the ,treasury1 or the ,postal ,service1 as the case may be1 is authorized to retain property forfeited pursuant to this section1 or to transfer such property on such terms and conditions as the ,attorney ,general may determine-- 7#a7 to any other ,federal agency2 7#b7 to any ,state or local law enforcement agency which participated directly in any of the acts which led to the seizure or forfeiture of the property2 7#c7 in the case of property referred to in section #beea7;b77#a71 to any ,federal financial institution regulatory agency-- 7,a7 to reimburse the agency for payments to claimants or creditors of the institution2 and 7,b7 to reimburse the insurance fund of the agency for losses suffered by the fund as a result of the receivership or liquidation2 7#d7 in the case of property referred to in section #beea7;b77#a71 upon the order of the appropriate ,federal financial institution regulatory agency1 to the financial institution as restitution1 with the value of the property so transferred to be set off against any amount later recovered by the financial institution as compensatory damages in any ,state or ,federal proceeding2 7#e7 in the case of property referred to in section #beea7;b77#a71 to any ,federal financial institution regulatory agency1 to the extent of the agency's contribution of resources to1 or expenses involved in1 the seizure and forfeiture1 and the investigation leading directly to the seizure and forfeiture1 of such property2 7#f7 as restoration to any victim of the offense giving rise to the forfeiture1 including1 in the case of a money laundering offense1 any offense constituting the underlying specified unlawful activity2 or 7#g7 in the case of property referred to in section #beea7;b77#c71 to the ,federal ,deposit ,insurance ,corporation or any other ,federal financial institution regulatory agency 7as defined in section #h7;e77#g77;,d7 of the ,federal ,deposit ,insurance ,act74 ,the ,attorney ,general1 the ,secretary of the ,treasury1 or the ,postal ,service1 as the case may be1 shall ensure the equitable transfer pursuant to paragraph 7#b7 of any forfeited property to the appropriate ,state or local law enforcement agency so as to reflect generally the contribution of any such agency participating directly in any of the acts which led to the seizure or forfeiture of such property4 ,a decision by the ,attorney ,general1 the ,secretary of the ,treasury1 or the ,postal ,service pursuant to paragraph 7#b7 shall not be subject to review4 ,the ,united ,states shall not be liable in any action arising out of the use of any property the custody of which was transferred pursuant to this section to any non-,federal agency4 ,the ,attorney ,general1 the ,secretary of the ,treasury1 or the ,postal ,service may order the discontinuance of any forfeiture proceedings under this section in favor of the institution of forfeiture proceedings by ,state or local authorities under an appropriate ,state or local statute4 ,after the filing of a complaint for forfeiture under this section1 the ,attorney ,general may seek dismissal of the complaint in favor of forfeiture proceedings under ,state or local law4 ,whenever forfeiture proceedings are discontinued by the ,united ,states in favor of ,state or local proceedings1 the ,united ,states may transfer custody and possession of the seized property to the appropriate ,state or local official immediately upon the initiation of the proper actions by such officials4 ,whenever forfeiture proceedings are discontinued by the ,united ,states in favor of ,state or local proceedings1 notice shall be sent to all known interested parties advising them of the discontinuance or dismissal4 ,the ,united ,states shall not be liable in any action arising out of the seizure1 detention1 and transfer of seized property to ,state or local officials4 ,the ,united ,states shall not be liable in any action arising out of a transfer under paragraph 7#c71 7#d71 or 7#e7 of this subsection4 7e7 ,stays 7#a7 ,upon the motion of the ,united ,states1 the court shall stay the civil forfeiture proceeding if the court determines that civil discovery will adversely affect the ability of the ,government to conduct a related criminal investigation or the prosecution of a related criminal case4 7#b7 ,upon the motion of a claimant1 the court shall stay the civil forfeiture proceeding with respect to that claimant if the court determines that-- 7,a7 the claimant is the subject of a related criminal investigation or case2 7,b7 the claimant has standing to assert a claim in the civil forfeiture proceeding2 and 7,c7 continuation of the forfeiture proceeding will burden the right of the claimant against self-incrimination in the related investigation or case4 7#c7 ,with respect to the impact of civil discovery described in paragraphs 7#a7 and 7#b71 the court may determine that a stay is unnecessary if a protective order limiting discovery would protect the interest of one party without unfairly limiting the ability of the opposing party to pursue the civil case4 ,in no case1 however1 shall the court impose a protective order as an alternative to a stay if the effect of such protective order would be to allow one party to pursue discovery while the other party is substantially unable to do so4 7#d7 ,in this subsection1 the terms related criminal case and related criminal investigation mean an actual prosecution or investigation in progress at the time at which the request for the stay1 or any subsequent motion to lift the stay is made4 ,in determining whether a criminal case or investigation is related to a civil forfeiture proceeding1 the court shall consider the degree of similarity between the parties1 witnesses1 facts1 and circumstances involved in the two proceedings1 without requiring an identity with respect to any one or more factors4 7#e7 ,in requesting a stay under paragraph 7#a71 the ,government may1 in appropriate cases1 submit evidence ex parte in order to avoid disclosing any matter that may adversely affect an ongoing criminal investigation or pending criminal trial4 7#f7 ,whenever a civil forfeiture proceeding is stayed pursuant to this subsection1 the court shall enter any order necessary to preserve the value of the property or to protect the rights of lienholders or other persons with an interest in the property while the stay is in effect4 7#g7 ,a determination by the court that the claimant has standing to request a stay pursuant to paragraph 7#b7 applies only to this subsection and does not preclude the ,government from objecting to the standing of the claimant by dispositive motion or at the time of trial4 7f7 ,venue ,in addition to the venue provided for in section #acie of title #bh or any other provision of law1 in the case of property of a defendant charged with a violation that is the basis for forfeiture of the property under this section1 a proceeding for forfeiture under this section may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought4 7g7 ,disposition 7#a7 ,whenever property is forfeited under this subchapter1 the ,attorney ,general or the ,secretary of the ,treasury1 as the case may be1 may transfer the forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property1 if such a transfer-- 7,a7 has been agreed to by the ,secretary of ,state2 7,b7 is authorized in an international agreement between the ,united ,states and the foreign country2 and 7,c7 is made to a country which1 if applicable1 has been certified under section #dij7;a77#a7 of the ,foreign ,assistance ,act of #aifa4 ,a decision by the ,attorney ,general or the ,secretary of the ,treasury pursuant to this paragraph shall not be subject to review4 ,the foreign country shall1 in the event of a transfer of property or proceeds of sale of property under this subsection1 bear all expenses incurred by the ,united ,states in the seizure1 maintenance1 inventory1 storage1 forfeiture1 and disposition of the property1 and all transfer costs4 ,the payment of all such expenses1 and the transfer of assets pursuant to this paragraph1 shall be upon such terms and conditions as the ,attorney ,general or the ,secretary of the ,treasury may1 in his discretion1 set4 7#b7 ,this section does not limit or supersede any other authority of the ,united ,states to provide assistance to a foreign country in obtaining property related to a crime committed in the foreign country1 including property which is sought as evidence of a crime committed in the foreign country4 7#c7 ,a certified order or judgment of forfeiture by a court of competent jurisdiction of a foreign country concerning property which is the subject of forfeiture under this section and was determined by such court to be the type of property described in section #beea7;b77#b71 and any certified recordings or transcripts of testimony taken in a foreign judicial proceeding concerning such order or judgment of forfeiture1 shall be admissible in evidence in a proceeding brought pursuant to this section4 ,such certified order or judgment of forfeiture1 when admitted into evidence1 shall constitute probable cause that the property forfeited by such order or judgment of forfeiture is subject to forfeiture under this section and creates a rebuttable presumption of the forfeitability of such property under this section4 7#d7 ,a certified order or judgment of conviction by a court of competent jurisdiction of a foreign country concerning an unlawful drug activity which gives rise to forfeiture under this section and any certified recordings or transcripts of testimony taken in a foreign judicial proceeding concerning such order or judgment of conviction shall be admissible in evidence in a proceeding brought pursuant to this section4 ,such certified order or judgment of conviction1 when admitted into evidence1 creates a rebuttable presumption that the unlawful drug activity giving rise to forfeiture under this section has occurred4 7#e7 ,paragraphs 7#c7 and 7#d7 do not limit the admissibility of any evidence otherwise admissible1 or the ability of the ,united ,states to establish probable cause that property is subject to forfeiture by any evidence otherwise admissible4 7h7 ,definitions ,as used in this section-- 7#a7 the term ,attorney ,general means the ,attorney ,general or his delegate2 and 7#b7 the term ,secretary of the ,treasury means the ,secretary of the ,treasury or his delegate4 7i7 ,interbank accounts 7#a7 ,in general 7,a7 ,in general ,for the purpose of a forfeiture under this section1 if funds are deposited into an account at a foreign financial institution1 and that foreign financial institution has an interbank account in the ,united ,states with a covered financial institution 7as defined in section #ecah7;j77#a7 of title #ca71 the funds shall be deemed to have been deposited into the interbank account in the ,united ,states1 and any restraining order1 seizure warrant1 or arrest warrant in rem regarding the funds may be served on the covered financial institution1 and funds in the interbank account1 up to the value of the funds deposited into the account at the foreign financial institution1 may be restrained1 seized1 or arrested4 7,b7 ,authority to suspend ,the ,attorney ,general1 in consultation with the ,secretary of the ,treasury1 may suspend or terminate a forfeiture under this section if the ,attorney ,general determines that a conflict of law exists between the laws of the jurisdiction in which the foreign financial institution is located and the laws of the ,united ,states with respect to liabilities arising from the restraint1 seizure1 or arrest of such funds1 and that such suspension or termination would be in the interest of justice and would not harm the national interests of the ,united ,states4 7#b7 ,no requirement for ,government to trace funds ,if a forfeiture action is brought against funds that are restrained1 seized1 or arrested under paragraph 7#a71 it shall not be necessary for the ,government to establish that the funds are directly traceable to the funds that were deposited into the foreign financial institution1 nor shall it be necessary for the ,government to rely on the application of section #beed4 7#c7 ,claims brought by owner of the funds ,if a forfeiture action is instituted against funds restrained1 seized1 or arrested under paragraph 7#a71 the owner of the funds deposited into the account at the foreign financial institution may contest the forfeiture by filing a claim under section #beec4 7#d7 ,definitions ,for purposes of this subsection1 the following definitions apply3 7,a7 ,interbank account ,the term interbank account has the same meaning as in section #beed7;c77#b77;,b74 7,b7 ,owner 7i7 ,in general ,except as provided in clause 7ii71 the term owner-- 7,i7 means the person who was the owner1 as that term is defined in section #beec7;d77#f71 of the funds that were deposited into the foreign financial institution at the time such funds were deposited2 and 7,,ii7 does not include either the foreign financial institution or any financial institution acting as an intermediary in the transfer of the funds into the interbank account4 7ii7 ,exception ,the foreign financial institution may be considered the owner of the funds 7and no other person shall qualify as the owner of such funds7 only if-- 7,i7 the basis for the forfeiture action is wrongdoing committed by the foreign financial institution2 or 7,,ii7 the foreign financial institution establishes1 by a preponderance of the evidence1 that prior to the restraint1 seizure1 or arrest of the funds1 the foreign financial institution had discharged all or part of its obligation to the prior owner of the funds1 in which case the foreign financial institution shall be deemed the owner of the funds to the extent of such discharged obligation4 7,c7 ,foreign financial institution ,the term foreign financial institution includes a foreign bank as defined in section #a7;b77#g7 of the ,international ,banking ,act of #aigh4 #beec4 ,general rules for civil forfeiture proceedings 7a7 ,notice2 claim2 complaint 7#a7 7,a7 7i7 ,except as provided in clauses 7ii7 through 7v71 in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute1 with respect to which the ,government is required to send written notice to interested parties1 such notice shall be sent in a manner to achieve proper notice as soon as practicable1 and in no case more than #fj days after the date of the seizure4 7ii7 ,no notice is required if1 before the #fj-;day period expires1 the ,government files a civil judicial forfeiture action against the property and provides notice of that action as required by law4 7iii7 ,if1 before the #fj-;day period expires1 the ,government does not file a civil judicial forfeiture action1 but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture1 the ,government shall either-- 7,i7 send notice within the #fj days and continue the nonjudicial civil forfeiture proceeding under this section2 or 7,,ii7 terminate the nonjudicial civil forfeiture proceeding1 and take the steps necessary to preserve its right to maintain custody of the property as provided in the applicable criminal forfeiture statute4 7iv7 ,in a case in which the property is seized by a ,state or local law enforcement agency and turned over to a ,federal law enforcement agency for the purpose of forfeiture under ,federal law1 notice shall be sent not more than #ij days after the date of seizure by the ,state or local law enforcement agency4 7v7 ,if the identity or interest of a party is not determined until after the seizure or turnover but is determined before a declaration of forfeiture is entered1 notice shall be sent to such interested party not later than #fj days after the determination by the ,government of the identity of the party or the party's interest4 7,b7 ,a supervisory official in the headquarters office of the seizing agency may extend the period for sending notice under subparagraph 7,a7 for a period not to exceed #cj days 7which period may not be further extended except by a court71 if the official determines that the conditions in subparagraph 7,d7 are present4 7,c7 ,upon motion by the ,government1 a court may extend the period for sending notice under subparagraph 7,a7 for a period not to exceed #fj days1 which period may be further extended by the court for #fj-;day periods1 as necessary1 if the court determines1 based on a written certification of a supervisory official in the headquarters office of the seizing agency1 that the conditions in subparagraph 7,d7 are present4 7,d7 ,the period for sending notice under this paragraph may be extended only if there is reason to believe that notice may have an adverse result1 including-- 7i7 endangering the life or physical safety of an individual2 7ii7 flight from prosecution2 7iii7 destruction of or tampering with evidence2 7iv7 intimidation of potential witnesses2 or 7v7 otherwise seriously jeopardizing an investigation or unduly delaying a trial4 7,e7 ,each of the ,federal seizing agencies conducting nonjudicial forfeitures under this section shall report periodically to the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate the number of occasions when an extension of time is granted under subparagraph 7,b74 7,f7 ,if the ,government does not send notice of a seizure of property in accordance with subparagraph 7,a7 to the person from whom the property was seized1 and no extension of time is granted1 the ,government shall return the property to that person without prejudice to the right of the ,government to commence a forfeiture proceeding at a later time4 ,the ,government shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess4 7#b7 7,a7 ,any person claiming property seized in a nonjudicial civil forfeiture proceeding under a civil forfeiture statute may file a claim with the appropriate official after the seizure4 7,b7 ,a claim under subparagraph 7,a7 may be filed not later than the deadline set forth in a personal notice letter 7which deadline may be not earlier than #ce days after the date the letter is mailed71 except that if that letter is not received1 then a claim may be filed not later than #cj days after the date of final publication of notice of seizure4 7,c7 ,a claim shall-- 7i7 identify the specific property being claimed2 7ii7 state the claimant's interest in such property2 and 7iii7 be made under oath1 subject to penalty of perjury4 7,d7 ,a claim need not be made in any particular form4 ,each ,federal agency conducting nonjudicial forfeitures under this section shall make claim forms generally available on request1 which forms shall be written in easily understandable language4 7,e7 ,any person may make a claim under subparagraph 7,a7 without posting bond with respect to the property which is the subject of the claim4 7#c7 7,a7 ,not later than #ij days after a claim has been filed1 the ,government shall file a complaint for forfeiture in the manner set forth in the ,supplemental ,rules for ,certain ,admiralty and ,maritime ,claims or return the property pending the filing of a complaint1 except that a court in the district in which the complaint will be filed may extend the period for filing a complaint for good cause shown or upon agreement of the parties4 7,b7 ,if the ,government does not-- 7i7 file a complaint for forfeiture or return the property1 in accordance with subparagraph 7,a72 or 7ii7 before the time for filing a complaint has expired-- 7,i7 obtain a criminal indictment containing an allegation that the property is subject to forfeiture2 and 7,,ii7 take the steps necessary to preserve its right to maintain custody of the property as provided in the applicable criminal forfeiture statute1 the ,government shall promptly release the property pursuant to regulations promulgated by the ,attorney ,general1 and may not take any further action to effect the civil forfeiture of such property in connection with the underlying offense4 7,c7 ,in lieu of1 or in addition to1 filing a civil forfeiture complaint1 the ,government may include a forfeiture allegation in a criminal indictment4 ,if criminal forfeiture is the only forfeiture proceeding commenced by the ,government1 the ,government's right to continued possession of the property shall be governed by the applicable criminal forfeiture statute4 7,d7 ,no complaint may be dismissed on the ground that the ,government did not have adequate evidence at the time the complaint was filed to establish the forfeitability of the property4 7#d7 7,a7 ,in any case in which the ,government files in the appropriate ,united ,states district court a complaint for forfeiture of property1 any person claiming an interest in the seized property may file a claim asserting such person's interest in the property in the manner set forth in the ,supplemental ,rules for ,certain ,admiralty and ,maritime ,claims1 except that such claim may be filed not later than #cj days after the date of service of the ,government's complaint or1 as applicable1 not later than #cj days after the date of final publication of notice of the filing of the complaint4 7,b7 ,a person asserting an interest in seized property1 in accordance with subparagraph 7,a71 shall file an answer to the ,government's complaint for forfeiture not later than #bj days after the date of the filing of the claim4 7b7 ,representation 7#a7 7,a7 ,if a person with standing to contest the forfeiture of property in a judicial civil forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel1 and the person is represented by counsel appointed under section #cjjf;,a in connection with a related criminal case1 the court may authorize counsel to represent that person with respect to the claim4 7,b7 ,in determining whether to authorize counsel to represent a person under subparagraph 7,a71 the court shall take into account such factors as-- 7i7 the person's standing to contest the forfeiture2 and 7ii7 whether the claim appears to be made in good faith4 7#b7 7,a7 ,if a person with standing to contest the forfeiture of property in a judicial civil forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel1 and the property subject to forfeiture is real property that is being used by the person as a primary residence1 the court1 at the request of the person1 shall insure that the person is represented by an attorney for the ,legal ,services ,corporation with respect to the claim4 7,b7 7i7 ,at appropriate times during a representation under subparagraph 7,a71 the ,legal ,services ,corporation shall submit a statement of reasonable attorney fees and costs to the court4 7ii7 ,the court shall enter a judgment in favor of the ,legal ,services ,corporation for reasonable attorney fees and costs submitted pursuant to clause 7i7 and treat such judgment as payable under section #bdfe of title #bh1 regardless of the outcome of the case4 7#c7 ,the court shall set the compensation for representation under this subsection1 which shall be equivalent to that provided for court-appointed representation under section #cjjf;,a4 7c7 ,burden of proof ,in a suit or action brought under any civil forfeiture statute for the civil forfeiture of any property-- 7#a7 the burden of proof is on the ,government to establish1 by a preponderance of the evidence1 that the property is subject to forfeiture2 7#b7 the ,government may use evidence gathered after the filing of a complaint for forfeiture to establish1 by a preponderance of the evidence1 that property is subject to forfeiture2 and 7#c7 if the ,government's theory of forfeiture is that the property was used to commit or facilitate the commission of a criminal offense1 or was involved in the commission of a criminal offense1 the ,government shall establish that there was a substantial connection between the property and the offense4 7d7 ,innocent owner defense 7#a7 ,an innocent owner's interest in property shall not be forfeited under any civil forfeiture statute4 ,the claimant shall have the burden of proving that the claimant is an innocent owner by a preponderance of the evidence4 7#b7 7,a7 ,with respect to a property interest in existence at the time the illegal conduct giving rise to forfeiture took place1 the term innocent owner means an owner who-- 7i7 did not know of the conduct giving rise to forfeiture2 or 7ii7 upon learning of the conduct giving rise to the forfeiture1 did all that reasonably could be expected under the circumstances to terminate such use of the property4 7,b7 7i7 ,for the purposes of this paragraph1 ways in which a person may show that such person did all that reasonably could be expected may include demonstrating that such person1 to the extent permitted by law-- 7,i7 gave timely notice to an appropriate law enforcement agency of information that led the person to know the conduct giving rise to a forfeiture would occur or has occurred2 and 7,,ii7 in a timely fashion revoked or made a good faith attempt to revoke permission for those engaging in such conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property4 7ii7 ,a person is not required by this subparagraph to take steps that the person reasonably believes would be likely to subject any person 7other than the person whose conduct gave rise to the forfeiture7 to physical danger4 7#c7 7,a7 ,with respect to a property interest acquired after the conduct giving rise to the forfeiture has taken place1 the term innocent owner means a person who1 at the time that person acquired the interest in the property-- 7i7 was a bona fide purchaser or seller for value 7including a purchaser or seller of goods or services for value72 and 7ii7 did not know and was reasonably without cause to believe that the property was subject to forfeiture4 7,b7 ,an otherwise valid claim under subparagraph 7,a7 shall not be denied on the ground that the claimant gave nothing of value in exchange for the property if-- 7i7 the property is the primary residence of the claimant2 7ii7 depriving the claimant of the property would deprive the claimant of the means to maintain reasonable shelter in the community for the claimant and all dependents residing with the claimant2 7iii7 the property is not1 and is not traceable to1 the proceeds of any criminal offense2 and 7iv7 the claimant acquired his or her interest in the property through marriage1 divorce1 or legal separation1 or the claimant was the spouse or legal dependent of a person whose death resulted in the transfer of the property to the claimant through inheritance or probate1 except that the court shall limit the value of any real property interest for which innocent ownership is recognized under this subparagraph to the value necessary to maintain reasonable shelter in the community for such claimant and all dependents residing with the claimant4 7#d7 ,notwithstanding any provision of this subsection1 no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess4 7#e7 ,if the court determines1 in accordance with this section1 that an innocent owner has a partial interest in property otherwise subject to forfeiture1 or a joint tenancy or tenancy by the entirety in such property1 the court may enter an appropriate order-- 7,a7 severing the property2 7,b7 transferring the property to the ,government with a provision that the ,government compensate the innocent owner to the extent of his or her ownership interest once a final order of forfeiture has been entered and the property has been reduced to liquid assets2 or 7,c7 permitting the innocent owner to retain the property subject to a lien in favor of the ,government to the extent of the forfeitable interest in the property4 7#f7 ,in this subsection1 the term owner-- 7,a7 means a person with an ownership interest in the specific property sought to be forfeited1 including a leasehold1 lien1 mortgage1 recorded security interest1 or valid assignment of an ownership interest2 and 7,b7 does not include-- 7i7 a person with only a general unsecured interest in1 or claim against1 the property or estate of another2 7ii7 a bailee unless the bailor is identified and the bailee shows a colorable legitimate interest in the property seized2 or 7iii7 a nominee who exercises no dominion or control over the property4 7e7 ,motion ,to set aside forfeiture 7#a7 ,any person entitled to written notice in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute who does not receive such notice may file a motion to set aside a declaration of forfeiture with respect to that person's interest in the property1 which motion shall be granted if-- 7,a7 the ,government knew1 or reasonably should have known1 of the moving party's interest and failed to take reasonable steps to provide such party with notice2 and 7,b7 the moving party did not know or have reason to know of the seizure within sufficient time to file a timely claim4 7#b7 7,a7 ,notwithstanding the expiration of any applicable statute of limitations1 if the court grants a motion under paragraph 7#a71 the court shall set aside the declaration of forfeiture as to the interest of the moving party without prejudice to the right of the ,government to commence a subsequent forfeiture proceeding as to the interest of the moving party4 7,b7 ,any proceeding described in subparagraph 7,a7 shall be commenced-- 7i7 if nonjudicial1 within #fj days of the entry of the order granting the motion2 or 7ii7 if judicial1 within #f months of the entry of the order granting the motion4 7#c7 ,a motion under paragraph 7#a7 may be filed not later than #e years after the date of final publication of notice of seizure of the property4 7#d7 ,if1 at the time a motion made under paragraph 7#a7 is granted1 the forfeited property has been disposed of by the ,government in accordance with law1 the ,government may institute proceedings against a substitute sum of money equal to the value of the moving party's interest in the property at the time the property was disposed of4 7#e7 ,a motion filed under this subsection shall be the exclusive remedy for seeking to set aside a declaration of forfeiture under a civil forfeiture statute4 7f7 ,release of seized property 7#a7 ,a claimant under subsection 7a7 is entitled to immediate release of seized property if-- 7,a7 the claimant has a possessory interest in the property2 7,b7 the claimant has sufficient ties to the community to provide assurance that the property will be available at the time of the trial2 7,c7 the continued possession by the ,government pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant1 such as preventing the functioning of a business1 preventing an individual from working1 or leaving an individual homeless2 7,d7 the claimant's likely hardship from the continued possession by the ,government of the seized property outweighs the risk that the property will be destroyed1 damaged1 lost1 concealed1 or transferred if it is returned to the claimant during the pendency of the proceeding2 and 7,e7 none of the conditions set forth in paragraph 7#h7 applies4 7#b7 ,a claimant seeking release of property under this subsection must request possession of the property from the appropriate official1 and the request must set forth the basis on which the requirements of paragraph 7#a7 are met4 7#c7 7,a7 ,if not later than #ae days after the date of a request under paragraph 7#b7 the property has not been released1 the claimant may file a petition in the district court in which the complaint has been filed or1 if no complaint has been filed1 in the district court in which the seizure warrant was issued or in the district court for the district in which the property was seized4 7,b7 ,the petition described in subparagraph 7,a7 shall set forth-- 7i7 the basis on which the requirements of paragraph 7#a7 are met2 and 7ii7 the steps the claimant has taken to secure release of the property from the appropriate official4 7#d7 ,if the ,government establishes that the claimant's claim is frivolous1 the court shall deny the petition4 ,in responding to a petition under this subsection on other grounds1 the ,government may in appropriate cases submit evidence ex parte in order to avoid disclosing any matter that may adversely affect an ongoing criminal investigation or pending criminal trial4 7#e7 ,the court shall render a decision on a petition filed under paragraph 7#c7 not later than #cj days after the date of the filing1 unless such #cj-;day limitation is extended by consent of the parties or by the court for good cause shown4 7#f7 ,if-- 7,a7 a petition is filed under paragraph 7#c72 and 7,b7 the claimant demonstrates that the requirements of paragraph 7#a7 have been met1 the district court shall order that the property be returned to the claimant1 pending completion of proceedings by the ,government to obtain forfeiture of the property4 7#g7 ,if the court grants a petition under paragraph 7#c7-- 7,a7 the court may enter any order necessary to ensure that the value of the property is maintained while the forfeiture action is pending1 including-- 7i7 permitting the inspection1 photographing1 and inventory of the property2 7ii7 fixing a bond in accordance with rule ,e7#e7 of the ,supplemental ,rules for ,certain ,admiralty and ,maritime ,claims2 and 7iii7 requiring the claimant to obtain or maintain insurance on the subject property2 and 7,b7 the ,government may place a lien against the property or file a lis pendens to ensure that the property is not transferred to another person4 7#h7 ,this subsection does not apply if the seized property-- 7,a7 is contraband1 currency1 or other monetary instrument1 or electronic funds unless such currency or other monetary instrument or electronic funds constitutes the assets of a legitimate business which has been seized2 7,b7 is to be used as evidence of a violation of the law2 7,c7 by reason of design or other characteristic1 is particularly suited for use in illegal activities2 or 7,d7 is likely to be used to commit additional criminal acts if returned to the claimant4 7g7 ,proportionality 7#a7 ,the claimant under subsection 7a77#d7 may petition the court to determine whether the forfeiture was constitutionally excessive4 7#b7 ,in making this determination1 the court shall compare the forfeiture to the gravity of the offense giving rise to the forfeiture4 7#c7 ,the claimant shall have the burden of establishing that the forfeiture is grossly disproportional by a preponderance of the evidence at a hearing conducted by the court without a jury4 7#d7 ,if the court finds that the forfeiture is grossly disproportional to the offense it shall reduce or eliminate the forfeiture as necessary to avoid a violation of the ,excessive ,fines ,clause of the ,eighth ,amendment of the ,constitution4 7h7 ,civil fine 7#a7 ,in any civil forfeiture proceeding under a civil forfeiture statute in which the ,government prevails1 if the court finds that the claimant's assertion of an interest in the property was frivolous1 the court may impose a civil fine on the claimant of an amount equal to #aj percent of the value of the forfeited property1 but in no event shall the fine be less than #bej or greater than #e1jjj4 7#b7 ,any civil fine imposed under this subsection shall not preclude the court from imposing sanctions under rule #aa of the ,federal ,rules of ,civil ,procedure4 7#c7 ,in addition to the limitations of section #aiae of title #bh1 in no event shall a prisoner file a claim under a civil forfeiture statute or appeal a judgment in a civil action or proceeding based on a civil forfeiture statute if the prisoner has1 on three or more prior occasions1 while incarcerated or detained in any facility1 brought an action or appeal in a court of the ,united ,states that was dismissed on the grounds that it is frivolous or malicious1 unless the prisoner shows extraordinary and exceptional circumstances4 7i7 ,civil forfeiture statute defined ,in this section1 the term civil forfeiture statute-- 7#a7 means any provision of ,federal law providing for the forfeiture of property other than as a sentence imposed upon conviction of a criminal offense2 and 7#b7 does not include-- 7,a7 the ,tariff ,act of #aicj or any other provision of law codified in title #ai2 7,b7 the ,internal ,revenue ,code of #aihf2 7,c7 the ,federal ,food1 ,drug1 and ,cosmetic ,act2 7,d7 the ,trading with the ,enemy ,act or the ,international ,emergency ,economic ,powers ,act 7,,ieepa72 or 7,e7 section #a of title ,,vi of the ,act of ,june #ae1 #aiag 7#dj ,stat4 #bcc74 7j7 ,restraining orders2 protective orders 7#a7 ,upon application of the ,united ,states1 the court may enter a restraining order or injunction1 require the execution of satisfactory performance bonds1 create receiverships1 appoint conservators1 custodians1 appraisers1 accountants1 or trustees1 or take any other action to seize1 secure1 maintain1 or preserve the availability of property subject to civil forfeiture-- 7,a7 upon the filing of a civil forfeiture complaint alleging that the property with respect to which the order is sought is subject to civil forfeiture2 or 7,b7 prior to the filing of such a complaint1 if1 after notice to persons appearing to have an interest in the property and opportunity for a hearing1 the court determines that-- 7i7 there is a substantial probability that the ,united ,states will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed1 removed from the jurisdiction of the court1 or otherwise made unavailable for forfeiture2 and 7ii7 the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered4 7#b7 ,an order entered pursuant to paragraph 7#a77;,b7 shall be effective for not more than #ij days1 unless extended by the court for good cause shown1 or unless a complaint described in paragraph 7#a77;,a7 has been filed4 7#c7 ,a temporary restraining order under this subsection may be entered upon application of the ,united ,states without notice or opportunity for a hearing when a complaint has not yet been filed with respect to the property1 if the ,united ,states demonstrates that there is probable cause to believe that the property with respect to which the order is sought is subject to civil forfeiture and that provision of notice will jeopardize the availability of the property for forfeiture4 ,such a temporary order shall expire not more than #ad days after the date on which it is entered1 unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period4 ,a hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time and prior to the expiration of the temporary order4 7#d7 ,the court may receive and consider1 at a hearing held pursuant to this subsection1 evidence and information that would be inadmissible under the ,federal ,rules of ,evidence4 #beed4 ,civil forfeiture of fungible property 7a7 ,generally 7#a7 ,in any forfeiture action in rem in which the subject property is cash1 monetary instruments in bearer form1 funds deposited in an account in a financial institution or precious metals-- 7,a7 it shall not be necessary for the ,government to identify the specific property involved in the offense that is the basis for the forfeiture2 and 7,b7 it shall not be a defense that the property involved in such an offense has been removed and replaced by identical property4 7#b7 ,except as provided in subsection 7b71 any identical property found in the same place or account as the property involved in the offense that is the basis for the forfeiture shall be subject to forfeiture under this section4 7b7 ,limitation ,no action pursuant to this section to forfeit property not traceable directly to the offense that is the basis for the forfeiture may be commenced more than #a year from the date of the offense4 7c7 ,exception 7#a7 ,subsection 7a7 does not apply to an action against funds held by a financial institution in an interbank account unless the account holder knowingly engaged in the offense that is the basis for the forfeiture4 7#b7 ,in this subsection-- 7,a7 the term financial institution includes a foreign bank 7as defined in section #a7;b77#g7 of the ,international ,banking ,act of #aigh72 and 7,b7 the term interbank account means an account held by one financial institution at another financial institution primarily for the purpose of facilitating customer transactions4 7d7 ,disclaimer ,nothing in this section limits the ability of the ,government to forfeit property under any provision of law if the property involved in the offense giving rise to the forfeiture or property traceable thereto is available for forfeiture4 #beee4 ,civil forfeiture of real property 7a7 ,judicial forfeitures ,notwithstanding any other provision of law1 all civil forfeitures of real property and interests in real property shall proceed as judicial forfeitures4 7b7 ,preliminary matters 7#a7 ,except as provided in this section-- 7,a7 real property that is the subject of a civil forfeiture action shall not be seized before entry of an order of forfeiture2 and 7,b7 the owners or occupants of the real property shall not be evicted from1 or otherwise deprived of the use and enjoyment of1 real property that is the subject of a pending forfeiture action4 7#b7 ,the filing of a lis pendens and the execution of a writ of entry for the purpose of conducting an inspection and inventory of the property shall not be considered a seizure under this subsection4 7c7 ,initiation 7#a7 ,the ,government shall initiate a civil forfeiture action against real property by-- 7,a7 filing a complaint for forfeiture2 7,b7 posting a notice of the complaint on the property2 and 7,c7 serving notice on the property owner1 along with a copy of the complaint4 7#b7 ,if the property owner cannot be served with the notice under paragraph 7#a7 because the owner-- 7,a7 is a fugitive2 7,b7 resides outside the ,united ,states and efforts at service pursuant to rule #d of the ,federal ,rules of ,civil ,procedure are unavailing2 or 7,c7 cannot be located despite the exercise of due diligence1 constructive service may be made in accordance with the laws of the ,state in which the property is located4 7#c7 ,if real property has been posted in accordance with this subsection1 it shall not be necessary for the court to issue an arrest warrant in rem1 or to take any other action to establish in rem jurisdiction over the property4 7d7 ,seizure prior to entry of order 7#a7 ,real property may be seized prior to the entry of an order of forfeiture if-- 7,a7 the ,government notifies the court that it intends to seize the property before trial2 and 7,b7 the court-- 7i7 issues a notice of application for warrant1 causes the notice to be served on the property owner and posted on the property1 and conducts a hearing in which the property owner has a meaningful opportunity to be heard2 or 7ii7 makes an ex parte determination that there is probable cause for the forfeiture and that there are exigent circumstances that permit the ,government to seize the property without prior notice and an opportunity for the property owner to be heard4 7#b7 ,for purposes of paragraph 7#a77;,b77ii71 to establish exigent circumstances1 the ,government shall show that less restrictive measures such as a lis pendens1 restraining order1 or bond would not suffice to protect the ,government's interests in preventing the sale1 destruction1 or continued unlawful use of the real property4 7e7 ,post-,seizure hearing ,if the court authorizes a seizure of real property under subsection 7d77#a77;,b77ii71 it shall conduct a prompt post-seizure hearing during which the property owner shall have an opportunity to contest the basis for the seizure4 7f7 ,application ,this section-- 7#a7 applies only to civil forfeitures of real property and interests in real property2 7#b7 does not apply to forfeitures of the proceeds of the sale of such property or interests1 or of money or other assets intended to be used to acquire such property or interests2 and 7#c7 shall not affect the authority of the court to enter a restraining order relating to real property4 #beef4 ,subpoenas for bank records 7a7 ,in general ,at any time after the commencement of any action for forfeiture in rem brought by the ,united ,states under section #adea1 #adeb1 and #ejh of this title1 section #ecbb or #ecbd of title #ca1 or the ,controlled ,substances ,act1 any party may request the ,clerk of the ,court in the district in which the proceeding is pending to issue a subpoena duces tecum to any financial institution1 as defined in section #ecab7;a7 of title #ca1 to produce books1 records and any other documents at any place designated by the requesting party4 ,all parties to the proceeding shall be notified of the issuance of any such subpoena4 ,the procedures and limitations set forth in section #beee shall apply to subpoenas issued under this section4 7b7 ,service ,service of a subpoena issued pursuant to this section shall be by certified mail4 ,records produced in response to such a subpoena may be produced in person or by mail1 common carrier1 or such other method as may be agreed upon by the party requesting the subpoena and the custodian of records4 ,the party requesting the subpoena may require the custodian of records to submit an affidavit certifying the authenticity and completeness of the records and explaining the omission of any record called for in the subpoena4 7c7 ,discovery ,nothing in this section precludes any party from pursuing any form of discovery pursuant to the ,federal ,rules of ,civil ,procedure4 7d7 ,access to records in bank secrecy jurisdictions 7#a7 ,in general ,in any civil forfeiture case1 or in any ancillary proceeding in any criminal forfeiture case involving a violation of ,chapter #ag punishable by imprisonment by more than one year1 in which-- 7,a7 financial records located in a foreign country may be material-- 7i7 to any claim or to the ability of the ,government to respond to such claim2 or 7ii7 in a civil forfeiture case1 to the ability of the ,government to establish the forfeitability of the property2 and 7,b7 it is within the capacity of the claimant to waive the claimant's rights under applicable financial secrecy laws1 or to obtain the records so that such records can be made available notwithstanding such secrecy laws1 the refusal of the claimant to provide the records in response to a discovery request or to take the action necessary otherwise to make the records available shall be grounds for judicial sanctions1 up to and including dismissal of the claim with prejudice4 7#b7 ,privilege ,this subsection does not affect the right of the claimant to refuse production on the basis of any privilege guaranteed by the ,constitution of the ,united ,states or any other provision of ,federal law4 #beeg4 ,anti-terrorist forfeiture protection 7a7 ,right ,to contest ,an owner of property that is confiscated under any provision of law relating to the confiscation of assets of suspected international terrorists1 may contest that confiscation by filing a claim in the manner set forth in the ,federal ,rules of ,civil ,procedure 7,supplemental ,rules for ,certain ,admiralty and ,maritime ,claims71 and asserting as an affirmative defense that-- 7#a7 the property is not subject to confiscation under such provision of law2 or 7#b7 the innocent owner provisions of section #beec7;d7 apply to the case4 7b7 ,evidence ,in considering a claim filed under this section1 a court may admit evidence that is otherwise inadmissible under the ,federal ,rules of ,evidence1 if the court determines that the evidence is reliable1 and that compliance with the ,federal ,rules of ,evidence may jeopardize the national security interests of the ,united ,states4 7c7 ,clarifications 7#a7 ,protection of rights ,the exclusion of certain provisions of ,federal law from the definition of the term civil forfeiture statute in section #beec7;i7 shall not be construed to deny an owner of property the right to contest the confiscation of assets of suspected international terrorists under-- 7,a7 subsection 7a7 of this section2 7,b7 the ,constitution2 or 7,c7 subchapter ,,ii of chapter #e of title #e4 7#b7 ,savings clause ,nothing in this section limits or otherwise affects any other remedies that may be available to an owner of property under section #beec or any other provision of law4 ,c ,,criminal ,,forfeiture ,sec4 #befa4 ,offenses giving rise to criminal forfeiture4 #befb4 ,procedures for criminal forfeiture4 #befa4 ,offenses giving rise to criminal forfeiture 7a7 ,property forfeited at time of sentence ,the court1 when imposing a sentence on a defendant convicted of an offense described in subsection 7b71 shall order the defendant forfeit to the ,united ,states all forfeitable property 7as defined in section #beja7 related to the offense4 7b7 ,offenses for which criminal forfeiture is ,to be ordered ,the offenses for which criminal forfeiture shall occur under this section are the following3 7#a7 ,a violation of section #ejh1 #adea1 or #adeb4 7#b7 ,a violation of1 or a conspiracy to violate-- 7,a7 section #fdd1 #fde1 #ggc-gge1 #ggi1 #hja1 #hjc1 #hjd1 or #ajjc1 affecting a financial institution2 7,b7 section #fad1 #fib-fie1 #fig-gjb1 #gab1 #gaf1 #ghc1 #hfb1 or #hfc2 7#c7 ,a violation of-- 7,a7 section #fec7;a77#a7 7relating to theft or bribery concerning programs receiving ,federal funds72 7,b7 section #ggb 7relating to fraud and false statements72 7,c7 section #ghh 7relating to major fraud against the ,united ,states72 7,d7 section #ghi 7relating to concealment of assets from conservator1 receiver1 or liquidating agent of insured financial institution72 7,e7 section #hja 7relating to mail fraud72 or 7,f7 section #hjc 7relating to wire fraud71 involving the sale of assets acquired or held by the ,federal ,deposit ,insurance ,corporation1 as conservator or receiver for a financial institution or any other conservator for a financial institution appointed by the ,office of the ,comptroller of the ,currency1 or the ,national ,credit ,union ,administration1 as conservator or liquidating agent for a financial institution1 shall order that the person forfeit to the ,united ,states any property1 real or personal1 which represents or is traceable to the gross receipts obtained1 directly or indirectly1 as a result of such violation4 7#d7 ,a violation of-- 7,a7 section #gag 7altering or removing motor vehicle identification numbers72 7,b7 section #hff 7importing or exporting stolen motor vehicles72 7,c7 section #fga 7transporting stolen motor vehicles in interstate commerce72 or 7,d7 section #fgb 7possessing or selling a stolen motor vehicle that has moved in interstate commerce74 7#e7 ,a violation of1 or conspiracy to violate1 #bgd;,a7a77#a71 or #bgd;,a7a77#b7 of the ,immigration and ,nationality ,act1 or any of sections #caa through #caf1 section #cah7;a71 section #hfg of this title1 or a vioaltion of1 or conspiracy to violate1 section #ghc of this title if committed in connection with passport or visa issuance or use4 7#f7 ,a ,federal health care offense4 7#g7 ,a violation of1 or conspiracy to violate1 section #ghc1 #ghf1 #hja1 #hjb1 #hjc1 or #hjd4 7#h7 ,a violation of chapter #ag punishable by imprisonment for more than one year4 7#i7 ,a violation of section #bba1 #bbb1 #bbc1 or #bbd1 or subchapter ,b of chapter #ac4 7#aj7 ,a violation of section #eab4 7#aa7 ,a violation of section #ghc1 #ghf1 #ghg1 or #gid4 7#ab7 ,a violation of section #cjb1 #cjb1 #fca1 or #ibg1 or subchapter ,f of chapter #ce4 7#ac7 ,a violation of section #fge1 #fgf1 #fgg1 #fgh1 #fgi1 #fhj1 or subchapter ,c of chapter #ce4 7#ad7 ,a violation of section #hfh4 #befb4 ,procedures for criminal forfeiture 7a7 ,application of procedures ,unless otherwise provided by law1 the procedures set forth in this section govern any criminal forfeiture under a law of the ,united ,states4 7b7 ,third party transfers ,all right1 title1 and interest in forfeitable vests in the ,united ,states upon the commission of the act giving rise to forfeiture under this subchapter4 ,any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the ,united ,states1 unless the transferee establishes in a hearing pursuant to subsection 7n7 that the transferee is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section4 7c7 ,rebuttable presumption ,there is a rebuttable presumption at trial that any property of a person convicted of a felony under chapter #ag is subject to forfeiture under this section if the ,united ,states establishes by a preponderance of the evidence that-- 7#a7 such property was acquired by such person during the period of the violation or within a reasonable time after such period2 and 7#b7 there was no likely source for such property other than the violation 7d7 ,protective orders 7#a7 ,when issued ,upon application of the ,united ,states1 the court may enter a restraining order or injunction1 require the execution of a satisfactory performance bond1 or take any other action to preserve the availability of property for forfeiture under this section-- 7,a7 upon the filing of an indictment or information charging a violation for which criminal forfeiture may be ordered under this section and alleging that the property with respect to which the order is sought would1 in the event of conviction1 be subject to forfeiture under this section2 or 7,b7 prior to the filing of such an indictment or information1 if1 after notice to persons appearing to have an interest in the property and opportunity for a hearing1 the court determines that-- 7i7 there is a substantial probability that the ,united ,states will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed1 removed from the jurisdiction of the court1 or otherwise made unavailable for forfeiture2 and 7ii7 the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered4 7#b7 ,length ,an order entered pursuant to paragraph 7#a77;,b7 shall be effective for not more than #ij days1 unless extended by the court for good cause shown or unless an indictment or information described in paragraph 7#a77;,a7 has been filed4 7#c7 ,ex parte ,a temporary restraining order under this subsection may be entered upon application of the ,united ,states without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property1 if the ,united ,states demonstrates that there is probable cause to believe that the property with respect to which the order is sought would1 in the event of conviction1 be subject to forfeiture under this section and that provision of notice will jeopardize the availability of the property for forfeiture4 ,such a temporary order shall expire not more than #ad days after the date on which it is entered1 unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period4 ,a hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time and prior to the expiration of the temporary order4 7#d7 ,evidence ,the court may receive and consider1 at a hearing held pursuant to this subsection1 evidence and information that would be inadmissible under the ,federal ,rules of ,evidence4 7#e7 ,order to repatriate and deposit 7,a7 ,in general ,pursuant to its authority to enter a pretrial restraining order under this section1 the court may order a defendant to repatriate any property that may be seized and forfeited1 and to deposit that property pending trial in the registry of the court1 or with the ,united ,states ,marshals ,service or the ,secretary of the ,treasury1 in an interest-bearing account1 if appropriate4 7,b7 ,failure to comply ,failure to comply with an order under this subsection1 or an order to repatriate property under subsection 7o71 shall be punishable as a civil or criminal contempt of court1 and may also result in an enhancement of the sentence of the defendant under the obstruction of justice provision of the ,federal ,sentencing ,guidelines4 7e7 ,warrant of seizure ,the ,government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant4 ,if the court determines that there is probable cause to believe that the property to be seized would1 in the event of conviction1 be subject to forfeiture and that an order under subsection 7d7 may not be sufficient to assure the availability of the property for forfeiture1 the court shall issue a warrant authorizing the seizure of such property4 7f7 ,execution ,upon entry of an order of forfeiture under this section1 the court shall authorize the ,attorney ,general to seize all property ordered forfeited upon such terms and conditions as the court shall deem proper4 ,following entry of an order declaring the property forfeited1 the court may1 upon application of the ,united ,states1 enter such appropriate restraining orders or injunctions1 require the execution of satisfactory performance bonds1 appoint receivers1 conservators1 appraisers1 accountants1 or trustees1 or take any other action to protect the interest of the ,united ,states in the property ordered forfeited4 ,any income accruing to or derived from property ordered forfeited under this section may be used to offset ordinary and necessary expenses to the property which are required by law1 or which are necessary to protect the interests of the ,united ,states or third parties4 7g7 ,disposition of property ,following the seizure of property ordered forfeited under this section1 the ,attorney ,general shall direct the disposition of the property by sale of any other any other commercially feasible means1 making due provision for the rights of any innocent persons4 ,any property right or interest not exercisable by1 or transferable for value to1 the ,united ,states shall expire and shall not revert to the defendant1 nor shall the defendant or any person acting in concert with or on the behalf of the defendant be eligible to purchase forfeited property at any sale held by the ,united ,states4 ,upon application of a person1 other than the defendant or a person acting in concert with or on the behalf of the defendant1 the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the criminal case giving rise to the forfeiture1 if the applicant demonstrates that proceeding with the sale or disposition of the property will result in irreparable injury1 harm1 or loss to the applicant4 7h7 ,authority of the ,attorney ,general ,with respect to property ordered forfeited under this section1 the ,attorney ,general is authorized to-- 7#a7 grant petitions for mitigation or remission of forfeiture1 restore forfeited property to victims of a violation1 or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with this section2 7#b7 compromise claims arising under this section2 7#c7 award compensation to persons providing information resulting in a forfeiture under this section2 7#d7 direct the disposition by the ,united ,states1 in accordance with section #eaa7;e7 of the ,controlled ,substances ,act1 of all property ordered forfeited under this section by public sale or any other commercially feasible means1 making due provision for the rights of innocent persons2 and 7#e7 take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition4 7i7 ,applicability of civil forfeiture provisions ,except to the extent that they are inconsistent with this section1 section #beeb7;g7 of this title and section #eaa7;d7 of the ,controlled ,substances ,act apply to a criminal forfeiture under this section4 7j7 ,bar on intervention ,except as provided in subsection 7m71 no party claiming an interest in property subject to forfeiture under this section may-- 7#a7 intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this section2 or 7#b7 commence an action at law or equity against the ,united ,states concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property in subject to forfeiture under this section4 7k7 ,jurisdiction ,to enter orders ,the district courts of the ,united ,states shall have jurisdiction to enter orders as provided in this section without regard to the location of any property which may be subject to forfeiture under this section or which has been ordered forfeited under this section4 7l7 ,depositions ,in order to facilitate the identification and location of property declared forfeited and to facilitate the disposition of petitions for remission or mitigation of forfeiture1 after the entry of an order declaring property forfeited to the ,united ,states1 the court may1 upon application of the ,united ,states1 order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book1 paper1 document1 record1 recording1 or other material not privileged be produced at the same time any place1 in the same manner as provided for the taking of depositions under ,rule #ae of the ,federal ,rules of ,criminal ,procedure4 7m7 ,third party interests 7#a7 ,following the entry of an order of forfeiture under this section1 the ,united ,states shall publish notice of the order and of its intent to dispose of the property in such manner as the ,attorney ,general may direct4 ,the ,government may also1 to the extent practicable1 provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified4 7#b7 ,any person1 other than the defendant1 asserting a legal interest in property which has been ordered forfeited to the ,united ,states pursuant to this section may1 within thirty days of the final publication of notice or his receipt of notice under paragraph 7#a71 whichever is earlier1 petition the court for a hearing to adjudicate the validity of his alleged interest in the property4 ,the hearing shall be held before the court alone1 without a jury4 7#c7 ,the petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right1 title1 or interest in the property1 the time and circumstances of the petitioner's acquisition of the right1 title1 or interest in the property1 and additional facts supporting the petitioner's claim1 and the relief sought4 7#d7 ,the hearing on the petition shall1 to the extent practicable and consistent with the interests of justice1 be held within thirty days of the filing of the petition4 ,the court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant under this subsection4 7#e7 ,at the hearing1 the petitioner may testify and present evidence and witnesses on his own behalf1 and cross-examine witnesses who appear at the hearing4 ,the ,united ,states may present evidence and witnesses in rebuttal and in defense of this claim to the property and cross-examine witnesses who appear at the hearing1 the court shall consider the relevant portions of the record of the criminal case which resulted in the order of forfeiture4 7#f7 ,if1 after the hearing1 the court determines that the petitioner has established by a preponderance of the evidence that-- 7,a7 the petitioner has a legal right1 title1 or interest in the property1 and such right1 title1 or interest renders the order of forfeiture invalid in whole or in part because the right1 title1 or interest was vested in the petitioner rather than the defendant or was superior to any right1 title1 or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under the section2 or 7,b7 the petitioner is a bona fide purchaser for value of the right1 title1 or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section2 the court shall amend the order of forfeiture in accordance with its determination4 7#g7 ,following the court's disposition of all petitions filed under this subsection1 or if no such petitions are filed following the expiration of the period provided in paragraph 7#b7 for the filing of such petitions1 the ,united ,states shall have clear title to property that is the subject of the order of forfeiture and may warrant good title to any subsequent purchaser or transferee4 7n7 ,rule of construction ,this section shall be liberally construed to effectuate its remedial purposes4 7o7 ,forfeiture of substitute property 7#a7 ,in general ,paragraph 7#b7 of this subsection applies1 if any property described in subsection 7a71 as a result of any act or omission of the defendant-- 7,a7 cannot be located upon the exercise of due diligence2 7,b7 has been transferred or sold to1 or deposited with1 a third party2 7,c7 has been placed beyond the jurisdiction of the court2 7,d7 has been substantially diminished in value2 or 7,e7 has been commingled with other property which cannot be divided without difficulty4 7#b7 ,substitute property ,in any case described in any of subparagraphs 7,a7 through 7,e7 of paragraph 7#a71 the court shall order the forfeiture of any other property of the defendant1 up to the value of any property described in subparagraphs 7,a7 through 7,e7 of paragraph 7#a71 as applicable4 7#c7 ,return of property to jurisdiction ,in the case of property described in paragraph 7#a77;,c71 the court may1 in addition to any other action authorized by this subsection1 order the defendant to return the property to the jurisdiction of the court so that the property may be seized and forfeited4 7#d7 ,limitation ,this subsection shall not be used to order a defendant to forfeit assets in place of the actual property laundered where such defendant acted merely as an intermediary who handled but did not retain the property in the course of the money laundering offense unless the defendant1 in committing the offense or offenses giving rise to the forfeiture1 conducted three or more separate transactions involving a total of #ajj1jjj or more in any twelve month period4 7p7 ,special restitution ,the court1 when sentencing a defendant convicted of an offense under chapter #ag involving the manufacture1 the possession1 or the possession with intent to distribute1 of amphetamine or methamphetamine1 shall-- 7#a7 order restitution as provided in sections #cfab and #cffd2 7#b7 order the defendant to reimburse the ,united ,states1 the ,state or local government concerned1 or both the ,united ,states and the ,state or local government concerned for the costs incurred by the ,united ,states or the ,state or local government concerned1 as the case may be1 for the cleanup associated with the manufacture of amphetamine or methamphetamine by the defendant1 or on premises or in property that the defendant owns1 resides1 or does business in2 and 7#c7 order restitution to any person injured as a result of the offense as provided in section #cffc;,a4 4 #c4 ,conforming repeals 7a7 ,controlled ,substances ,act ,the ,controlled ,substances ,act is amended-- 7#a7 by striking all of the sections in part ,d1 except sections #dab 7relating to application of treaties and other international agreements7 and #dba 7relating to denial of ,federal benefits to drug traffickers and possessors72 and 7#b7 by striking section #eaa 7relating to forfeitures74 7b7 ,controlled ,substances ,import and ,export ,act ,the ,controlled ,substances ,import and ,export ,act is amended by striking sections #ajaj 7relating to prohibited acts71 #ajaj;,a 7relating to foreign terrorist organizations1 terrorist persons and groups71 #ajab 7relating to second or subsequent offenses71 #ajac 7relating to attempt and conspiracy71 and #ajag 7relating to criminal forfeitures74 7c7 ,immigration and ,nationality ,act ,the ,immigration and ,nationality ,act is amended by striking sections #bdc1 #bgd1 #bge1 #bgf1 and #bgg4 7d7 ,atomic ,energy ,act of #aied ,the ,atomic ,energy ,act of #aied is amended-- 7#a7 by striking sections #ib1 #bba1 #bbd1 #bbe1 #bbf1 #bbg1 and #bce2 7#b7 by striking subsections a4 and b4 of section #eg2 7#c7 in section #bbb a41 by striking #eg or2 and 7#d7 by striking subsection b4 of section #bbb4 7e7 ,consumer ,credit ,protection ,act ,the ,consumer ,credit ,protection ,act is amended by striking sections #acd 7relating to fraudulent use of credit card71 #fai 7relating to obtaining information under false pretenses71 and #fbj 7relating to unauthorized disclosures by officers or employees74 7f7 ,title #ag1 ,united ,states ,code ,title #ag1 ,united ,states ,code1 is amended by striking section #ejf 7relating to copyright infringement criminal offenses74 7g7 ,title #bh1 ,united ,states ,code ,title #bh1 ,united ,states ,code1 is amended by striking subsection 7c7 of section #ahbf 7relating to recalcitrant witnesses74 7h7 ,title #bi1 ,united ,states ,code ,title #bi1 ,united ,states ,code1 is amended by striking subsection 7c7 of section #eja 7relating to fiduciary responsibility of officers of labor organizations74 7i7 ,title #ca1 ,united ,states ,code ,title #ca1 ,united ,states ,code1 is amended by striking sections #ecbd 7relating to structuring transactions to evade reporting requirement prohibited7 and #eccb 7relating to bulk cash smuggling into or out of the ,united ,states74 7j7 ,title #di1 ,united ,states ,code ,title #di1 ,united ,states ,code1 is amended by striking sections #dfejb1 #dfejd1 #dfeje1 and #dfejf 7relating to special aircraft jurisdiction of the ,united ,states74 7k7 ,additional conforming repeals ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general shall submit to ,congress proposed legislation repealing additional provisions of law that have been rendered superfluous by the enactment of this ,act4 #d4 ,cross references 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general shall submit to ,congress proposed legislation correcting cross references in other laws to provisions of law that have been amended or repealed by this ,act4 7b7 ,relating to ,public ,law #aab-ee ,section #eaa of ,public ,law #aab-ee is amended-- 7#a7 by striking subsection #ibb7t7 each place it appears and inserting section #ehb7t72 and 7#b7 in paragraph 7#b71 by striking section #ibb of and inserting section #ehb of4 7c7 ,relating to ,public ,law #aab-bci ,section #abea of ,public ,law #aab-bci is amended-- 7#a7 in subsection 7b71 by striking section #bccc and inserting section #bhb7;a72 and 7#b7 in subsection 7c71 by striking ,notwithstanding section #bcce through section #bccc of such title and inserting ,notwithstanding section #bhb7;h7 of title #ah1 ,united ,states ,code1 a civil action under section #bhb7;a7 of such title4 7d7 ,relating to ,public ,law #aab-add ,section #gag of ,public ,law #aab-add is amended-- 7#a7 in subsection 7a77#d71 by striking section #bcbj and inserting section #fhj2 and 7#b7 in subsection 7b77#a71 by striking section #bcbj7;a77#d7 and inserting section #fhj7;a77#d74 #e4 ,sunset of provision relating to ,foreign ,intelligence ,surveillance ,act of #aigh ,effective ,december #ca1 #bjag1 except as provided by section #djd of the ,,fisa ,amendments ,act of #bjjh1 section #adib7;b77#a77;,b77i7 of title #ah1 ,united ,states ,code1 is amended by striking or a court order pursuant to section #gjd of the ,foreign ,intelligence ,surveillance ,act of #aigh4 #f4 ,reenactment outside title #ah of former ,section #bbeh;,a 7relating to reporting requirements of electronic communication service providers and remote computing service providers7 7a7 ,duty ,to report 7#a7 ,in general ,whoever1 while engaged in providing an electronic communication service or a remote computing service to the public through a facility or means of interstate or foreign commerce1 obtains actual knowledge of any facts or circumstances described in paragraph 7#b7 shall1 as soon as reasonably possible-- 7,a7 provide to the ,cyber,tipline of the ,national ,center for ,missing and ,exploited ,children1 or any successor to the ,cyber,tipline operated by such center1 the mailing address1 telephone number1 facsimile number1 electronic mail address of1 and individual point of contact for1 such electronic communication service provider or remote computing service provider2 and 7,b7 make a report of such facts or circumstances to the ,cyber,tipline1 or any successor to the ,cyber,tipline operated by such center4 7#b7 ,facts or circumstances ,the facts or circumstances described in this paragraph are any facts or circumstances from which there is an apparent violation of-- 7,a7 section #bba1 #bbb1 #bbc1 or #bbd of title #ah1 ,united ,states ,code1 that involves child pornography2 or 7,b7 section #adde of title #ah1 ,united ,states ,code4 7b7 ,contents of report ,to the extent the information is within the custody or control of an electronic communication service provider or a remote computing service provider1 the facts and circumstances included in each report under subsection 7a77#a7 may include the following information3 7#a7 ,information about the involved individual ,information relating to the identity of any individual who appears to have violated a ,federal law described in subsection 7a77#b71 which may1 to the extent reasonably practicable1 include the electronic mail address1 ,internet ,protocol address1 uniform resource locator1 or any other identifying information1 including self-reported identifying information4 7#b7 ,historical reference ,information relating to when and how a customer or subscriber of an electronic communication service or a remote computing service uploaded1 transmitted1 or received apparent child pornography or when and how apparent child pornography was reported to1 or discovered by the electronic communication service provider or remote computing service provider1 including a date and time stamp and time zone4 7#c7 ,geographic location information 7,a7 ,in general ,information relating to the geographic location of the involved individual or website1 which may include the ,internet ,protocol address or verified billing address1 or1 if not reasonably available1 at least #a form of geographic identifying information1 including area code or zip code4 7,b7 ,inclusion ,the information described in subparagraph 7,a7 may also include any geographic information provided to the electronic communication service or remote computing service by the customer or subscriber4 7#d7 ,images of apparent child pornography ,any image of apparent child pornography relating to the incident such report is regarding4 7#e7 ,complete communication ,the complete communication containing any image of apparent child pornography1 including-- 7,a7 any data or information regarding the transmission of the communication2 and 7,b7 any images1 data1 or other digital files contained in1 or attached to1 the communication4 7c7 ,forwarding of report to law enforcement 7#a7 ,in general ,the ,national ,center for ,missing and ,exploited ,children shall forward each report made under subsection 7a77#a7 to any appropriate law enforcement agency designated by the ,attorney ,general under subsection 7d77#b74 7#b7 ,state and local law enforcement ,the ,national ,center for ,missing and ,exploited ,children may forward any report made under subsection 7a77#a7 to an appropriate law enforcement official of a ,state or political subdivision of a ,state for the purpose of enforcing ,state criminal law4 7#c7 ,foreign law enforcement 7,a7 ,in general ,the ,national ,center for ,missing and ,exploited ,children may forward any report made under subsection 7a77#a7 to any appropriate foreign law enforcement agency designated by the ,attorney ,general under subsection 7d77#c71 subject to the conditions established by the ,attorney ,general under subsection 7d77#c74 7,b7 ,transmittal to designated ,federal agencies ,if the ,national ,center for ,missing and ,exploited ,children forwards a report to a foreign law enforcement agency under subparagraph 7,a71 the ,national ,center for ,missing and ,exploited ,children shall concurrently provide a copy of the report and the identity of the foreign law enforcement agency to-- 7i7 the ,attorney ,general2 or 7ii7 the ,federal law enforcement agency or agencies designated by the ,attorney ,general under subsection 7d77#b74 7d7 ,attorney ,general responsibilities 7#a7 ,in general ,the ,attorney ,general shall enforce this section4 7#b7 ,designation of ,federal agencies ,the ,attorney ,general shall designate promptly the ,federal law enforcement agency or agencies to which a report shall be forwarded under subsection 7c77#a74 7#c7 ,designation of foreign agencies ,the ,attorney ,general shall promptly-- 7,a7 in consultation with the ,secretary of ,state1 designate the foreign law enforcement agencies to which a report may be forwarded under subsection 7c77#c72 7,b7 establish the conditions under which such a report may be forwarded to such agencies2 and 7,c7 develop a process for foreign law enforcement agencies to request assistance from ,federal law enforcement agencies in obtaining evidence related to a report referred under subsection 7c77#c74 7#d7 ,reporting designated foreign agencies ,the ,attorney ,general shall maintain and make available to the ,department of ,state1 the ,national ,center for ,missing and ,exploited ,children1 electronic communication service providers1 remote computing service providers1 the ,committee on the ,judiciary of the ,senate1 and the ,committee on the ,judiciary of the ,house of ,representatives a list of the foreign law enforcement agencies designated under paragraph 7#c74 7#e7 ,sense of ,congress regarding designation of foreign agencies ,it is the sense of ,congress that-- 7,a7 combating the international manufacturing1 possession1 and trade in online child pornography requires cooperation with competent1 qualified1 and appropriately trained foreign law enforcement agencies2 and 7,b7 the ,attorney ,general1 in cooperation with the ,secretary of ,state1 should make a substantial effort to expand the list of foreign agencies designated under paragraph 7#c74 7#f7 ,notification to providers ,if an electronic communication service provider or remote computing service provider notifies the ,national ,center for ,missing and ,exploited ,children that the electronic communication service provider or remote computing service provider is making a report under this section as the result of a request by a foreign law enforcement agency1 the ,national ,center for ,missing and ,exploited ,children shall-- 7,a7 if the ,center forwards the report to the requesting foreign law enforcement agency or another agency in the same country designated by the ,attorney ,general under paragraph 7#c71 notify the electronic communication service provider or remote computing service provider of-- 7i7 the identity of the foreign law enforcement agency to which the report was forwarded2 and 7ii7 the date on which the report was forwarded2 or 7,b7 notify the electronic communication service provider or remote computing service provider if the ,center declines to forward the report because the ,center1 in consultation with the ,attorney ,general1 determines that no law enforcement agency in the foreign country has been designated by the ,attorney ,general under paragraph 7#c74 7e7 ,failure ,to report ,an electronic communication service provider or remote computing service provider that knowingly and willfully fails to make a report required under subsection 7a77#a7 shall be fined-- 7#a7 in the case of an initial knowing and willful failure to make a report1 not more than #aej1jjj2 and 7#b7 in the case of any second or subsequent knowing and willful failure to make a report1 not more than #cjj1jjj4 7f7 ,protection of privacy ,nothing in this section shall be construed to require an electronic communication service provider or a remote computing service provider to-- 7#a7 monitor any user1 subscriber1 or customer of that provider2 7#b7 monitor the content of any communication of any person described in paragraph 7#a72 or 7#c7 affirmatively seek facts or circumstances described in subsections 7a7 and 7b74 7g7 ,conditions of disclosure information contained within report 7#a7 ,in general ,except as provided in paragraph 7#b71 a law enforcement agency that receives a report under subsection 7c7 shall not disclose any information contained in that report4 7#b7 ,permitted disclosures by law enforcement 7,a7 ,in general ,a law enforcement agency may disclose information in a report received under subsection 7c7-- 7i7 to an attorney for the government for use in the performance of the official duties of that attorney2 7ii7 to such officers and employees of that law enforcement agency1 as may be necessary in the performance of their investigative and recordkeeping functions2 7iii7 to such other government personnel 7including personnel of a ,state or subdivision of a ,state7 as are determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing ,federal criminal law2 7iv7 if the report discloses a violation of ,state criminal law1 to an appropriate official of a ,state or subdivision of a ,state for the purpose of enforcing such ,state law2 7v7 to a defendant in a criminal case or the attorney for that defendant1 subject to the terms and limitations under section #ceji7m7 of title #ah1 ,united ,states ,code1 or a similar ,state law1 to the extent the information relates to a criminal charge pending against that defendant2 7vi7 subject to subparagraph 7,b71 to an electronic communication service provider or remote computing provider if necessary to facilitate response to legal process issued in connection to a criminal investigation1 prosecution1 or post-conviction remedy relating to that report2 and 7vii7 as ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose4 7,b7 ,limitations 7i7 ,limitations on further disclosure ,the electronic communication service provider or remote computing service provider shall be prohibited from disclosing the contents of a report provided under subparagraph 7,a77vi7 to any person1 except as necessary to respond to the legal process4 7ii7 ,effect ,nothing in subparagraph 7,a77vi7 authorizes a law enforcement agency to provide child pornography images to an electronic communications service provider or a remote computing service4 7#c7 ,permitted disclosures by the national center for missing and exploited children ,the ,national ,center for ,missing and ,exploited ,children may disclose information received in a report under subsection 7a7 only-- 7,a7 to any ,federal law enforcement agency designated by the ,attorney ,general under subsection 7d77#b72 7,b7 to any ,state1 local1 or tribal law enforcement agency involved in the investigation of child pornography1 child exploitation1 kidnapping1 or enticement crimes2 7,c7 to any foreign law enforcement agency designated by the ,attorney ,general under subsection 7d77#c72 and 7,d7 to an electronic communication service provider or remote computing service provider as described in section #h4 7h7 ,preservation 7#a7 ,in general ,for the purposes of this section1 the notification to an electronic communication service provider or a remote computing service provider by the ,cyber,tipline of receipt of a report under subsection 7a77#a7 shall be treated as a request to preserve1 as if such request was made pursuant to section #cabj;,a7f7 of title #ah1 ,united ,states ,code4 7#b7 ,preservation of report ,pursuant to paragraph 7#a71 an electronic communication service provider or a remote computing service shall preserve the contents of the report provided pursuant to subsection 7b7 for #ij days after such notification by the ,cyber,tipline4 7#c7 ,preservation of commingled images ,pursuant to paragraph 7#a71 an electronic communication service provider or a remote computing service shall preserve any images1 data1 or other digital files that are commingled or interspersed among the images of apparent child pornography within a particular communication or user-created folder or directory4 7#d7 ,protection of preserved materials ,an electronic communications service or remote computing service preserving materials under this section shall maintain the materials in a secure location and take appropriate steps to limit access by agents or employees of the service to the materials to that access necessary to comply with the requirements of this subsection4 7#e7 ,authorities and duties not affected ,nothing in this section shall be construed as replacing1 amending1 or otherwise interfering with the authorities and duties under section #cabj;,a of title #ah1 ,united ,states ,code4 #g4 ,reenactment outside title #ah of former ,section #bbeh;,b 7relating to limited liability for electronic communication service providers1 remote computing service providers1 or domain name registrar7 7a7 ,in general ,except as provided in subsection 7b71 a civil claim or criminal charge against an electronic communication service provider1 a remote computing service provider1 or domain name registrar1 including any director1 officer1 employee1 or agent of such electronic communication service provider1 remote computing service provider1 or domain name registrar arising from the performance of the reporting or preservation responsibilities of such electronic communication service provider1 remote computing service provider1 or domain name registrar under this section1 section #f1 or section #h may not be brought in any ,federal or ,state court4 7b7 ,intentional1 reckless1 or other misconduct ,subsection 7a7 does not apply to a claim if the electronic communication service provider1 remote computing service provider1 or domain name registrar1 or a director1 officer1 employee1 or agent of that electronic communication service provider1 remote computing service provider1 or domain name registrar-- 7#a7 engaged in intentional misconduct2 or 7#b7 acted1 or failed to act-- 7,a7 with actual malice2 7,b7 with reckless disregard to a substantial risk of causing physical injury without legal justification2 or 7,c7 for a purpose unrelated to the performance of any responsibility or function under this section1 section #f or #h1 or section #cabj or #cabj;,a of title #ah1 ,united ,states ,code4 7c7 ,minimizing access ,an electronic communication service provider1 a remote computing service provider1 and domain name registrar shall-- 7#a7 minimize the number of employees that are provided access to any image provided under section #f or #h2 and 7#b7 ensure that any such image is permanently destroyed1 upon a request from a law enforcement agency to destroy the image4 #h4 ,reenactment outside title #ah of former ,section #bbeh;,c 7relating to use to combat child pornography of technical elements relating to images reported to the ,cyber,tipline7 7a7 ,elements 7#a7 ,in general ,the ,national ,center for ,missing and ,exploited ,children may provide elements relating to any apparent child pornography image of an identified child to an electronic communication service provider or a remote computing service provider for the sole and exclusive purpose of permitting that electronic communication service provider or remote computing service provider to stop the further transmission of images4 7#b7 ,inclusions ,the elements authorized under paragraph 7#a7 may include hash values or other unique identifiers associated with a specific image1 ,internet location of images1 and other technological elements that can be used to identify and stop the transmission of child pornography4 7#c7 ,exclusion ,the elements authorized under paragraph 7#a7 may not include the actual images4 7b7 ,use by electronic communication service providers and remote computing service providers ,any electronic communication service provider or remote computing service provider that receives elements relating to any apparent child pornography image of an identified child from the ,national ,center for ,missing and ,exploited ,children under this section may use such information only for the purposes described in this section1 but such use does not relieve that electronic communication service provider or remote computing service provider from its reporting obligations under section #f4 7c7 ,limitations ,nothing in subsection 7a7 or 7b7 requires electronic communication service providers or remote computing service providers receiving elements relating to any apparent child pornography image of an identified child from the ,national ,center for ,missing and ,exploited ,children to use the elements to stop the further transmission of the images4 7d7 ,provision of elements to law enforcement ,the ,national ,center for ,missing and ,exploited ,children shall make available to ,federal1 ,state1 and local law enforcement involved in the investigation of child pornography crimes elements1 including hash values1 relating to any apparent child pornography image of an identified child reported to the ,national ,center for ,missing and ,exploited ,children4 7e7 ,use by law enforcement ,any ,federal1 ,state1 or local law enforcement agency that receives elements relating to any apparent child pornography image of an identified child from the ,national ,center for ,missing and ,exploited ,children under subsection 7d7 may use such elements only in the performance of the official duties of that agency to investigate child pornography crimes4 #i4 ,reenactment outside title #ah of former ,section #bbeh;,d 7relating to limited liability for the ,national ,center for ,missing and ,exploited ,children7 7a7 ,in general ,except as provided in subsections 7b7 and 7c71 a civil claim or criminal charge against the ,national ,center for ,missing and ,exploited ,children1 including any director1 officer1 employee1 or agent of such center1 arising from the performance of the ,cyber,tipline responsibilities or functions of such center1 as described in this section1 section #f or #h1 or section #djd of the ,missing ,children's ,assistance ,act1 or from the effort of such center to identify child victims may not be brought in any ,federal or ,state court4 7b7 ,intentional1 reckless1 or other misconduct ,subsection 7a7 does not apply to a claim or charge if the ,national ,center for ,missing and ,exploited ,children1 or a director1 officer1 employee1 or agent of such center-- 7#a7 engaged in intentional misconduct2 or 7#b7 acted1 or failed to act-- 7,a7 with actual malice2 7,b7 with reckless disregard to a substantial risk of causing injury without legal justification2 or 7,c7 for a purpose unrelated to the performance of any responsibility or function under this section1 section #f or #h1 or section #djd of the ,missing ,children's ,assistance ,act4 7c7 ,ordinary business activities ,subsection 7a7 does not apply to an act or omission relating to an ordinary business activity1 including general administration or operations1 the use of motor vehicles1 or personnel management4 7d7 ,minimizing access ,the ,national ,center for ,missing and ,exploited ,children shall-- 7#a7 minimize the number of employees that are provided access to any image provided under section #f2 and 7#b7 ensure that any such image is permanently destroyed upon notification from a law enforcement agency4 #aj4 ,reenactment outside title #ah of former section #bbeh;,e 7relating to definitions7 ,in sections #f through #i-- 7#a7 the terms attorney for the government and ,state have the meanings given those terms in rule #a of the ,federal ,rules of ,criminal ,procedure2 7#b7 the term electronic communication service has the meaning given that term in section #adia of title #ah1 ,united ,states ,code2 7#c7 the term electronic mail address has the meaning given that term in section #c of the ,,can-,,spam ,act of #bjjc2 7#d7 the term ,internet has the meaning given that term in section #aaja of the ,internet ,tax ,freedom ,act2 7#e7 the term remote computing service has the meaning given that term in section #cabj;,i of title #ah1 ,united ,states ,code2 and 7#f7 the term website means any collection of material placed in a computer server-based file archive so that it is publicly accessible1 over the ,internet1 using hypertext transfer protocol or any successor protocol4 #aa4 ,reenactment outside title #ah of subsection 7f7 of former section #agaf;,e 7relating to use of penalties7 ,there is established a separate account in the ,treasury1 to be known as the ,,pact ,postal ,service ,fund4 ,notwithstanding any other provision of law1 an amount equal to #ej percent of any criminal fines1 civil penalties1 or other monetary penalties collected by the ,federal ,government in enforcing section #iea of title #ah1 ,united ,states ,code1 shall be transferred into the ,,pact ,postal ,service ,fund and shall be available to the ,postmaster ,general for the purpose of enforcing this section4 #ab4 ,transfer to ,part ,,ii of title #ah1 ,united ,states ,code1 of certain procedural and related provisions ,part ,,ii of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting after chapter #bje the following3 #bje;,a ,,procedural ,,and ,,related ,,provisions ,,pertaining ,,to ,,interception ,,of ,,communications ,sec #caai4 ,prohibition of use as evidence of intercepted wire or oral communications #caai;,a4 ,authorization for interception of wire1 oral1 or electronic communications #caai;,b4 ,authorization for disclosure and use of intercepted wire1 oral1 or electronic communications #caai;,c4 ,procedure for interception of wire1 oral1 or electronic communications #caai;,d4 ,reports concerning intercepted wire1 oral1 or electronic communications #caai;,e4 ,recovery of civil damages authorized #caai;,f4 ,injunction against illegal interception #caai;,g4 ,enforcement of the ,communications ,assistance for ,law ,enforcement ,act #caai;,h4 ,definitions #caai4 ,prohibition of use as evidence of intercepted wire or oral communications ,whenever any wire or oral communication has been intercepted1 no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 officer1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or a political subdivision thereof if the disclosure of that information would be in violation of this chapter4 #caai;,a4 ,authorization for interception of wire1 oral1 or electronic communications 7a7 ,federal prosecutors ,the ,attorney ,general1 ,deputy ,attorney ,general1 ,associate ,attorney ,general1 or any ,assistant ,attorney ,general1 any acting ,assistant ,attorney ,general1 or any ,deputy ,assistant ,attorney ,general or acting ,deputy ,assistant ,attorney ,general in the ,criminal ,division specially designated by the ,attorney ,general1 may authorize an application to a ,federal judge of competent jurisdiction for1 and such judge may grant in conformity with section #caai;,c an order authorizing or approving the interception of wire or oral communications by the ,federal ,bureau of ,investigation1 or a ,federal agency having responsibility for the investigation of the offense as to which the application is made1 when such interception may provide or has provided evidence of-- 7#a7 any felony offense under section #bgb 7relating to atomic weapons71 section #ghc 7relating to fraud and related activity in connection with identification documents1 authentication features1 and information71 section #ghg 7relating to fraud and related activity in connection with computers71 subchapter ,c of chapter #aj 7relating to kidnapping71 subchapter ,a of chapter #ae 7relating to treason71 subchapter ,e of chapter #ae 7relating to espionage71 subchapter ,e of chapter #ba 7relating to biological weapons71 subchapter ,n of chapter #bi 7relating to malicious mischief71 subchapter ,a of chapter #ca 7relating to piracy71 subchapter ,e of chapter #cc1 or subchapter ,c of chapter #ce 7relating to protection of trade secrets7 of this title1 or section #bcf of the ,atomic ,energy ,act of #aied2 7#b7 a violation of section #ahf or section #eja7;c7 of title #bi1 7dealing with restrictions on payments and loans to labor organizations71 or any offense which involves murder1 kidnapping1 robbery1 or extortion1 and which is punishable under this title2 7#c7 any offense which is punishable under paragraph 7#b71 7#d71 7#f71 or 7#g7 of section #ajb 7relating to ,federally punishable homicides71 section #aab 7relating to individuals ,federally protected from assault7 if the victim is an individual whose killing is an offense under paragraph 7#f7 or 7#g7 of section #ajb1 section #aba 7relating to kidnapping7 if the victim is an individual whose killing is an offense under paragraph 7#f7 or 7#g7 of section #ajb1 section #abc 7relating to hostage taking71 section #aca 7relating to threats against officers or employees of the ,united ,states1 and other specially protected persons71 subchapter ,b of chapter #ac 7relating to transport for illegal sexual activity71 section #bba 7relating to sexual exploitation of children71 section #bbb 7relating to selling or buying of children71 section #bbc 7certain activities relating to materials involving the sexual exploitation of children and child pornography71 section #caa 7relating to false statement in application and use of passport71 section #cab 7relating to forgery or false use of passport71 section #cac 7relating to misuse of passport71 section #cad 7relating to fraud and misuse of visas1 permits1 and other documents71 section #cae 7relating to procurement of citizenship or nationalization unlawfully71 section #caf 7relating to the sale of naturalization or citizenship papers71 section #eja 7interference with commerce by threats or violence71 section #ejb 7interstate and foreign travel or transportation in aid of racketeering enterprises71 #ejd 7offer1 acceptance1 or solicitation to influence operations of employee benefit plan71 section #eje 7prohibition of illegal gambling businesses71 section #ejf 7relating to use of interstate commerce facilities in the commission of murder for hire71 section #ejg 7relating to violent crimes in aid of racketeering activity71 section #eac 7relating to criminal penalties with respect to racketeer influenced and corrupt organizations71 section #ega 7relating to arson within special maritime and territorial jurisdiction71 section #eic 7relating to possession of firearms and dangerous weapons in ,federal facilities71 section #fja 7relating to prohibited transactions involving nuclear materials71 subsection 7d71 7e71 7f71 7g71 7h71 or 7i7 of section #fad 7relating to penalties with respect to unlawful use of explosives71 section #fba 7relating to prohibitions with respect to biological weapons71 section #fbd 7relating to variola virus71 section #fdg 7relating to interstate or foreign shipments by carrier2 state prosecutions71 section #fea 7theft or embezzlement from employee benefit plan71 section #fga 7relating to transportation of stolen vehicles71 section #fgb 7relating to sale or receipt of stolen vehicles71 section #fgc 7relating to transportation of stolen goods1 securities1 moneys1 fraudulent ,state tax stamps1 or articles used in counterfeiting71 section #fgd 7relating to sale or receipt of stolen goods1 securities1 moneys1 or fraudulent ,state tax stamps71 section #fha 7relating to trafficking in certain motor vehicles or motor vehicle parts71 section #ggi 7relating to loan and credit applications generally2 renewals and discounts2 crop insurance71 section #ghf 7relating to fraud and related activity in connection with access devices71 section #ghi 7relating to concealment of assets from conservator1 receiver1 or liquidating agent of financial institution71 section #hja 7relating to mail fraud71 section #hjc 7fraud by wire1 radio1 or television71 section #hjd 7relating to bank fraud71 section #ibd 7relating to conspiracy to kill1 kidnap1 maim1 or injure persons or damage property in a foreign country71 section #iia 7relating to bribery of public officials and witnesses71 section #ajjc 7relating to receipt of commissions or gifts for procuring loans71 section #ajjg 7bribery in sporting contests71 section #ajga 7relating to prisoners in custody of institution or officer71 section #aacb 7relating to influencing or injuring officer or juror generally71 section #aace 7relating to obstruction of criminal investigations71 section #aacf 7relating to obstruction of ,state or local law enforcement with regard to illegal gambling business71 section #aacg 7relating to tampering with a witness1 victim1 or an informant71 section #aach 7relating to retaliating against a witness1 victim1 or an informant71 section #abfe 7sex trafficking of children by force1 fraud1 or coercion71 section #abia 7relating to torture71 section #acja 7relating to destruction of aircraft or aircraft facilities71 section #acjb 7relating to destruction of motor vehicles or motor vehicle facilities71 section #acje 7relating to violence at international airports71 section #acjf 7relating to fraud involving aircraft or space vehicle parts in interstate or foreign commerce71 section #acjb 7relating to destruction of motor vehicles or motor vehicle facilities71 section #acca 7relating to terrorist attacks and other violence against railroad carriers and against mass transportation systems on land1 on water1 or through the air71 section #acgc 7relating to force1 violence1 and threats involving animal enterprises71 section #acha 7relating to transmission of wagering information2 penalties71 section #adde 7relating to obscene visual representations of the sexual abuse of children71 section #adea 7relating to laundering of monetary instruments71 section #adeb 7relating to engaging in monetary transactions in property derived from specified unlawful activity71 section #cadf 7relating to penalty for failure to appear71 subsection 7b77#c7 of section #ceba 7relating to witness relocation and protection71 or section #hfh 7relating to border tunnels and passages72 7#d7 any offense involving counterfeiting punishable under section #fib1 #fic1 or #fid2 7#e7 any offense involving fraud connected with a case under title #aa or the manufacture1 importation1 receiving1 concealment1 buying1 selling1 or otherwise dealing in narcotic drugs1 marihuana1 or other dangerous drugs1 punishable under any law of the ,united ,states2 7#f7 any offense including extortionate credit transactions under section #aee1 #aef1 or #aeg2 7#g7 a violation of section #adec 7relating to structuring transactions to evade reporting requirement prohibited7 of this title or section #ecbb 7relating to the reporting of currency transactions7 of title #ca2 7#h7 any felony violation of sections #adib and #adic 7relating to interception and disclosure of certain communications and to certain intercepting devices72 7#i7 any felony violation of subchapter ,f of chapter #ce 7relating to obscenity72 7#aj7 any violation of section #acjg 7relating to aircraft piracy71 the second sentence of section #acjh 7relating to assault on a flight crew with dangerous weapon71 or subsection 7b77#c7 or 7c7 of section #acji 7relating to explosive or incendiary devices1 or endangerment of human life1 by means of weapons on aircraft7 of this title1 or section #fjabc7;b7 7relating to destruction of a natural gas pipeline7 of title #di2 7#aa7 any criminal violation of section #bggh of title #bb 7relating to the ,arms ,export ,control ,act72 7#ab7 the location of any fugitive from justice from an offense described in this section2 7#ac7 a violation of section #cah 7relating to bringing in and harboring certain aliens71 section #cba 7relating to reentry of removed alien7 of this title or section #bgh of the ,immigration and ,nationality ,act2 7#ad7 any felony violation of sections #ehb and #ehd2 7#ae7 any violation of section #ehfa of the ,internal ,revenue ,code of #aihf 7relating to firearms72 7#af7 a felony violation of section #caa 7relating to false statements in passport applications71 section #cad 7relating to fraud and misuse of visas1 permits1 and other documents71 section #cah 7relating to bringing in and harboring certain aliens71 section #cba 7relating to reentry of removed alien71 section #ghc 7relating to production of false identification documents71 or section #ghd 7relating to aggravated identity theft7 of this title or a violation of section #bgh of the ,immigration and ,nationality ,act2 7#ag7 any criminal violation of section #fca 7relating to chemical weapons72 or sections #bga1 #bgc1 #bgd1 #bge1 #bgf1 #bgg1 #bgh1 #bgi1 #bhj1 or #bha 7relating to terrorism72 7#ah7 any violation of section #feg 7relating to theft of medical products72 7#ai7 any criminal violation of section #a 7relating to illegal restraints of trade or commerce71 #b 7relating to illegal monopolizing of trade or commerce71 or #c 7relating to illegal restraints of trade or commerce in territories or the ,district of ,columbia7 of the ,sherman ,act2 or 7#bj7 any conspiracy to commit any offense described in any paragraph of this subsection4 7b7 ,state prosecutors ,the principal prosecuting attorney of any ,state1 or the principal prosecuting attorney of any political subdivision thereof1 if such attorney is authorized by a statute of that ,state to make application to a ,state court judge of competent jurisdiction for an order authorizing or approving the interception of wire1 oral1 or electronic communications1 may apply to such judge for1 and such judge may grant in conformity with section #caai;,c and with the applicable ,state statute an order authorizing1 or approving the interception of wire1 oral1 or electronic communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made1 when such interception may provide or has provided evidence of the commission of the offense of murder1 kidnapping1 gambling1 robbery1 bribery1 extortion1 or dealing in narcotic drugs1 marihuana or other dangerous drugs1 or other crime dangerous to life1 limb1 or property1 and punishable by imprisonment for more than one year1 designated in any applicable ,state statute authorizing such interception1 or any conspiracy to commit any of the foregoing offenses4 7c7 ,interception for evidence of ,federal felonies ,any attorney for the ,government 7as such term is defined for the purposes of the ,federal ,rules of ,criminal ,procedure7 may authorize an application to a ,federal judge of competent jurisdiction for1 and such judge may grant1 in conformity with section #caai;,c1 an order authorizing or approving the interception of electronic communications by an investigative or law enforcement officer having responsibility for the investigation of the offense as to which the application is made1 when such interception may provide or has provided evidence of any ,federal felony4 #caai;,b4 ,authorization for disclosure and use of intercepted wire1 oral1 or electronic communications 7a7 ,disclosure to investigative or law enforcement officers ,any investigative or law enforcement officer who1 by any means authorized by this chapter1 has obtained knowledge of the contents of any wire1 oral1 or electronic communication1 or evidence derived therefrom1 may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure4 7b7 ,use of contents in performance of duties ,any investigative or law enforcement officer who1 by any means authorized by this chapter1 has obtained knowledge of the contents of any wire1 oral1 or electronic communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of his official duties4 7c7 ,use of contents in testimony ,any person who has received1 by any means authorized by this chapter1 any information concerning a wire1 oral1 or electronic communication1 or evidence derived therefrom intercepted in accordance with this chapter may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of the ,united ,states or of any ,state or political subdivision thereof4 7d7 ,privileged character ,no otherwise privileged wire1 oral1 or electronic communication intercepted in accordance with1 or in violation of1 this chapter shall lose its privileged character4 7e7 ,offenses other than those specified in the order ,when an investigative or law enforcement officer1 while engaged in intercepting wire1 oral1 or electronic communications in the manner authorized herein1 intercepts wire1 oral1 or electronic communications relating to offenses other than those specified in the order of authorization or approval1 the contents thereof1 and evidence derived therefrom1 may be disclosed or used as provided in subsections 7a7 and 7b74 ,such contents and any evidence derived therefrom may be used under subsection 7c7 when authorized or approved by a judge of competent jurisdiction where such judge finds on subsequent application that the contents were otherwise intercepted in accordance with this chapter4 ,such application shall be made as soon as practicable4 7f7 ,domestic use of intelligence and counterintelligence information ,any investigative or law enforcement officer1 or attorney for the ,government1 who by any means authorized by this chapter1 has obtained knowledge of the contents of any wire1 oral1 or electronic communication1 or evidence derived therefrom1 may disclose such contents to any other ,federal law enforcement1 intelligence1 protective1 immigration1 national defense1 or national security official to the extent that such contents include foreign intelligence or counterintelligence 7as defined in section #c of the ,national ,security ,act of #aidg71 or foreign intelligence information 7as defined in section #adia71 to assist the official who is to receive that information in the performance of his official duties4 ,any ,federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information4 7g7 ,foreign use of intelligence and counterintelligence information ,any investigative or law enforcement officer1 or other ,federal official in carrying out official duties as such ,federal official1 who by any means authorized by this chapter1 has obtained knowledge of the contents of any wire1 oral1 or electronic communication1 or evidence derived therefrom1 may disclose such contents or derivative evidence to a foreign investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure1 and foreign investigative or law enforcement officers may use or disclose such contents or derivative evidence to the extent such use or disclosure is appropriate to the proper performance of their official duties4 7h7 ,disclosure for public safety purposes ,any investigative or law enforcement officer1 or other ,federal official in carrying out official duties as such ,federal official1 who by any means authorized by this chapter1 has obtained knowledge of the contents of any wire1 oral1 or electronic communication1 or evidence derived therefrom1 may disclose such contents or derivative evidence to any appropriate ,federal1 ,state1 local1 or foreign government official to the extent that such contents or derivative evidence reveals a threat of actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power1 domestic or international sabotage1 domestic or international terrorism1 or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by an agent of a foreign power1 within the ,united ,states or elsewhere1 for the purpose of preventing or responding to such a threat4 ,any official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information1 and any ,state1 local1 or foreign official who receives information pursuant to this provision may use that information only consistent with such guidelines as the ,attorney ,general and ,director of ,central ,intelligence shall jointly issue4 #caai;,c4 ,procedure for interception of wire1 oral1 or electronic communications 7a7 ,application ,each application for an order authorizing or approving the interception of a wire1 oral1 or electronic communication under this chapter shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant's authority to make such application4 ,each application shall include the following information3 7#a7 ,the identity of the investigative or law enforcement officer making the application1 and the officer authorizing the application4 7#b7 ,a full and complete statement of the facts and circumstances relied upon by the applicant1 to justify his belief that an order should be issued1 including 7,a7 details as to the particular offense that has been1 is being1 or is about to be committed1 7,b7 except as provided in subsection 7k71 a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted1 7,c7 a particular description of the type of communications sought to be intercepted1 7,d7 the identity of the person1 if known1 committing the offense and whose communications are to be intercepted4 7#c7 ,a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous4 7#d7 ,a statement of the period of time for which the interception is required to be maintained4 ,if the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained1 a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter4 7#e7 ,a full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application1 made to any judge for authorization to intercept1 or for approval of interceptions of1 wire1 oral1 or electronic communications involving any of the same persons1 facilities or places specified in the application1 and the action taken by the judge on each such application4 7#f7 ,where the application is for the extension of an order1 a statement setting forth the results thus far obtained from the interception1 or a reasonable explanation of the failure to obtain such results4 7b7 ,additional testimony or documentary evidence ,the judge may require the applicant to furnish additional testimony or documentary evidence in support of the application4 7c7 ,ex parte order ,upon such application the judge may enter an ex parte order1 as requested or as modified1 authorizing or approving interception of wire1 oral1 or electronic communications within the territorial jurisdiction of the court in which the judge is sitting 7and outside that jurisdiction but within the ,united ,states in the case of a mobile interception device authorized by a ,federal court within such jurisdiction71 if the judge determines on the basis of the facts submitted by the applicant that-- 7#a7 there is probable cause for belief that an individual is committing1 has committed1 or is about to commit a particular offense enumerated in section #caai;,a2 7#b7 there is probable cause for belief that particular communications concerning that offense will be obtained through such interception2 7#c7 normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous2 and 7#d7 except as provided in subsection 7k71 there is probable cause for belief that the facilities from which1 or the place where1 the wire1 oral1 or electronic communications are to be intercepted are being used1 or are about to be used1 in connection with the commission of such offense1 or are leased to1 listed in the name of1 or commonly used by such person4 7d7 ,contents of order ,each order authorizing or approving the interception of any wire1 oral1 or electronic communication under this chapter shall specify-- 7#a7 the identity of the person1 if known1 whose communications are to be intercepted2 7#b7 the nature and location of the communications facilities as to which1 or the place where1 authority to intercept is granted2 7#c7 a particular description of the type of communication sought to be intercepted1 and a statement of the particular offense to which it relates2 7#d7 the identity of the agency authorized to intercept the communications1 and of the person authorizing the application2 and 7#e7 the period of time during which such interception is authorized1 including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained4 ,an order authorizing the interception of a wire1 oral1 or electronic communication under this chapter shall1 upon request of the applicant1 direct that a provider of wire or electronic communication service1 landlord1 custodian or other person shall furnish the applicant forthwith all information1 facilities1 and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider1 landlord1 custodian1 or person is according the person whose communications are to be intercepted4 ,any provider of wire or electronic communication service1 landlord1 custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance4 ,pursuant to section #caai;,g1 an order may also be issued to enforce the assistance capability and capacity requirements under the ,communications ,assistance for ,law ,enforcement ,act4 7e7 ,limitations on orders ,no order entered under this section may authorize or approve the interception of any wire1 oral1 or electronic communication for any period longer than is necessary to achieve the objective of the authorization1 nor in any event longer than thirty days4 ,such thirty-day period begins on the earlier of the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or ten days after the order is entered4 ,extensions of an order may be granted1 but only upon application for an extension made in accordance with subsection 7a7 of this section and the court making the findings required by subsection 7c7 of this section4 ,the period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days4 ,every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable1 shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter1 and must terminate upon attainment of the authorized objective1 or in any event in thirty days4 ,in the event the intercepted communication is in a code or foreign language1 and an expert in that foreign language or code is not reasonably available during the interception period1 minimization may be accomplished as soon as practicable after such interception4 ,an interception under this chapter may be conducted in whole or in part by ,government personnel1 or by an individual operating under a contract with the ,government1 acting under the supervision of an investigative or law enforcement officer authorized to conduct the interception4 7f7 ,reports to issuing judge ,whenever an order authorizing interception is entered pursuant to this chapter1 the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception4 ,such reports shall be made at such intervals as the judge may require4 7g7 ,emergency situations ,notwithstanding any other provision of this chapter1 any investigative or law enforcement officer1 specially designated by the ,attorney ,general1 the ,deputy ,attorney ,general1 the ,associate ,attorney ,general1 or by the principal prosecuting attorney of any ,state or subdivision thereof acting pursuant to a statute of that ,state1 who reasonably determines that-- 7#a7 an emergency situation exists that involves-- 7,a7 immediate danger of death or serious physical injury to any person1 7,b7 conspiratorial activities threatening the national security interest1 or 7,c7 conspiratorial activities characteristic of organized crime1 that requires a wire1 oral1 or electronic communication to be intercepted before an order authorizing such interception can1 with due diligence1 be obtained1 and 7#b7 there are grounds upon which an order could be entered under this chapter to authorize such interception1 may intercept such wire1 oral1 or electronic communication if an application for an order approving the interception is made in accordance with this section within forty-eight hours after the interception has occurred1 or begins to occur4 ,in the absence of an order1 such interception shall immediately terminate when the communication sought is obtained or when the application for the order is denied1 whichever is earlier4 ,in the event such application for approval is denied1 or in any other case where the interception is terminated without an order having been issued1 the contents of any wire1 oral1 or electronic communication intercepted shall be treated as having been obtained in violation of this chapter1 and an inventory shall be served as provided for in subsection 7d7 of this section on the person named in the application4 7h7 ,recording of interception 7#a7 ,the contents of any wire1 oral1 or electronic communication intercepted by any means authorized by this chapter shall1 if possible1 be recorded on tape or wire or other comparable device4 ,the recording of the contents of any wire1 oral1 or electronic communication under this subsection shall be done in such a way as will protect the recording from editing or other alterations4 ,immediately upon the expiration of the period of the order1 or extensions thereof1 such recordings shall be made available to the judge issuing such order and sealed under his directions4 ,custody of the recordings shall be wherever the judge orders4 ,they shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for ten years4 ,duplicate recordings may be made for use or disclosure pursuant to subsections 7a7 and 7b7 of section #caai;,b for investigations4 ,the presence of the seal provided for by this subsection1 or a satisfactory explanation for the absence thereof1 shall be a prerequisite for the use or disclosure of the contents of any wire1 oral1 or electronic communication or evidence derived therefrom under subsection 7c7 of section #caai;,b4 7#b7 ,applications made and orders granted under this chapter shall be sealed by the judge4 ,custody of the applications and orders shall be wherever the judge directs4 ,such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge1 and in any event shall be kept for ten years4 7#c7 ,any violation of the provisions of this subsection may be punished as contempt of the issuing or denying judge4 7#d7 ,within a reasonable time but not later than ninety days after the filing of an application for an order of approval under section #caai;,c7f77#b7 which is denied or the termination of the period of an order or extensions thereof1 the issuing or denying judge shall cause to be served1 on the persons named in the order or the application1 and such other parties to intercepted communications as the judge may determine in his discretion that is in the interest of justice1 an inventory which shall include notice of-- 7,a7 the fact of the entry of the order or the application2 7,b7 the date of the entry and the period of authorized1 approved or disapproved interception1 or the denial of the application2 and 7,c7 the fact that during the period wire1 oral1 or electronic communications were or were not intercepted4 ,the judge1 upon the filing of a motion1 may in his discretion make available to such person or his counsel for inspection such portions of the intercepted communications1 applications and orders as the judge determines to be in the interest of justice4 ,on an ex parte showing of good cause to a judge of competent jurisdiction the serving of the inventory required by this subsection may be postponed4 7i7 ,exclusion as evidence ,the contents of any wire1 oral1 or electronic communication intercepted pursuant to this chapter or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial1 hearing1 or other proceeding in a ,federal or ,state court unless each party1 not less than ten days before the trial1 hearing1 or proceeding1 has been furnished with a copy of the court order1 and accompanying application1 under which the interception was authorized or approved4 ,this ten-day period may be waived by the judge if he finds that it was not possible to furnish the party with the above information ten days before the trial1 hearing1 or proceeding and that the party will not be prejudiced by the delay in receiving such information4 7j7 ,move ,to suppress 7#a7 ,any aggrieved person in any trial1 hearing1 or proceeding in or before any court1 department1 officer1 agency1 regulatory body1 or other authority of the ,united ,states1 a ,state1 or a political subdivision thereof1 may move to suppress the contents of any wire or oral communication intercepted pursuant to this chapter1 or evidence derived therefrom1 on the grounds that-- 7,a7 the communication was unlawfully intercepted2 7,b7 the order of authorization or approval under which it was intercepted is insufficient on its face2 or 7,c7 the interception was not made in conformity with the order of authorization or approval4 ,such motion shall be made before the trial1 hearing1 or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion4 ,if the motion is granted1 the contents of the intercepted wire or oral communication1 or evidence derived therefrom1 shall be treated as having been obtained in violation of this chapter4 ,the judge1 upon the filing of such motion by the aggrieved person1 may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice4 7#b7 ,in addition to any other right to appeal1 the ,united ,states shall have the right to appeal from an order granting a motion to suppress made under paragraph 7#a71 or the denial of an application for an order of approval1 if the ,united ,states attorney shall certify to the judge or other official granting such motion or denying such application that the appeal is not taken for purposes of delay4 ,such appeal shall be taken within thirty days after the date the order was entered and shall be diligently prosecuted4 7#c7 ,the remedies and sanctions described in this chapter with respect to the interception of electronic communications are the only judicial remedies and sanctions for nonconstitutional violations of this chapter involving such communications4 7k7 ,exception to specification of facility requirements ,the requirements of subsections 7a77#b77;,b7 and 7c77#d7 relating to the specification of the facilities from which1 or the place where1 the communication is to be intercepted do not apply if-- 7#a7 in the case of an application with respect to the interception of an oral communication-- 7,a7 the application is by a ,federal investigative or law enforcement officer and is approved by the ,attorney ,general1 the ,deputy ,attorney ,general1 the ,associate ,attorney ,general1 an ,assistant ,attorney ,general1 or an acting ,assistant ,attorney ,general2 7,b7 the application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted2 and 7,c7 the judge finds that such specification is not practical2 and 7#b7 in the case of an application with respect to a wire or electronic communication-- 7,a7 the application is by a ,federal investigative or law enforcement officer and is approved by the ,attorney ,general1 the ,deputy ,attorney ,general1 the ,associate ,attorney ,general1 an ,assistant ,attorney ,general1 or an acting ,assistant ,attorney ,general2 7,b7 the application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility2 7,c7 the judge finds that such showing has been adequately made2 and 7,d7 the order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted4 7l7 ,beginning of certain interceptions ,an interception of a communication under an order with respect to which the requirements of subsections 7a77#b77;,b7 and 7c77#d7 of this section do not apply by reason of subsection 7k77#a7 shall not begin until the place where the communication is to be intercepted is ascertained by the person implementing the interception order4 ,a provider of wire or electronic communications service that has received an order as provided for in subsection 7k77#b7 may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion4 ,the court1 upon notice to the government1 shall decide such a motion expeditiously4 #caai;,d4 ,reports concerning intercepted wire1 oral1 or electronic communications 7a7 #cj days after expiration of order ,in ,january of each year1 any judge who has issued an order 7or an extension thereof7 under section #caai;,c that expired during the preceding year1 or who has denied approval of an interception during that year1 shall report to the ,administrative ,office of the ,united ,states ,courts-- 7#a7 the fact that an order or extension was applied for2 7#b7 the kind of order or extension applied for 7including whether or not the order was an order with respect to which the requirements of sections #caai;,c7a77#b77;,b7 and #caai7;c77#d7 did not apply by reason of section #caai;,c7k772 7#c7 the fact that the order or extension was granted as applied for1 was modified1 or was denied2 7#d7 the period of interceptions authorized by the order1 and the number and duration of any extensions of the order2 7#e7 the offense specified in the order or application1 or extension of an order2 7#f7 the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application2 and 7#g7 the nature of the facilities from which or the place where communications were to be intercepted4 7b7 ,annual ,justice ,department report ,in ,march of each year the ,attorney ,general1 an ,assistant ,attorney ,general specially designated by the ,attorney ,general1 or the principal prosecuting attorney of a ,state1 or the principal prosecuting attorney for any political subdivision of a ,state1 shall report to the ,administrative ,office of the ,united ,states ,courts-- 7#a7 the information required by paragraphs 7#a7 through 7#g7 of subsection 7a7 of this section with respect to each application for an order or extension made during the preceding calendar year2 7#b7 a general description of the interceptions made under such order or extension1 including 7i7 the approximate nature and frequency of incriminating communications intercepted1 7ii7 the approximate nature and frequency of other communications intercepted1 7iii7 the approximate number of persons whose communications were intercepted1 7iv7 the number of orders in which encryption was encountered and whether such encryption prevented law enforcement from obtaining the plain text of communications intercepted pursuant to such order1 and 7v7 the approximate nature1 amount1 and cost of the manpower and other resources used in the interceptions2 7#c7 the number of arrests resulting from interceptions made under such order or extension1 and the offenses for which arrests were made2 7#d7 the number of trials resulting from such interceptions2 7#e7 the number of motions to suppress made with respect to such interceptions1 and the number granted or denied2 7#f7 the number of convictions resulting from such interceptions and the offenses for which the convictions were obtained and a general assessment of the importance of the interceptions2 and 7#g7 the information required by paragraphs 7#b7 through 7#f7 of this subsection with respect to orders or extensions obtained in a preceding calendar year4 7c7 ,report to ,congress ,in ,june of each year the ,director of the ,administrative ,office of the ,united ,states ,courts shall transmit to the ,congress a full and complete report concerning the number of applications for orders authorizing or approving the interception of wire1 oral1 or electronic communications pursuant to this chapter and the number of orders and extensions granted or denied pursuant to this chapter during the preceding calendar year4 ,such report shall include a summary and analysis of the data required to be filed with the ,administrative ,office by subsections 7a7 and 7b7 of this section4 ,the ,director of the ,administrative ,office of the ,united ,states ,courts is authorized to issue binding regulations dealing with the content and form of the reports required to be filed by subsections 7a7 and 7b74 #caai;,e4 ,recovery of civil damages authorized 7a7 ,in general ,except as provided in section #adib7;b77#a77;,b71 any person whose wire1 oral1 or electronic communication is intercepted1 disclosed1 or intentionally used in violation of subchapter ,b of chapter #cg may in a civil action recover from the person or entity1 other than the ,united ,states1 which engaged in that violation such relief as may be appropriate4 7b7 ,relief ,in an action under this section1 appropriate relief includes-- 7#a7 such preliminary and other equitable or declaratory relief as may be appropriate2 7#b7 damages under subsection 7c7 and punitive damages in appropriate cases2 and 7#c7 a reasonable attorney's fee and other litigation costs reasonably incurred4 7c7 ,computation of damages 7#a7 ,in an action under this section1 if the conduct in violation of this chapter is the private viewing of a private satellite video communication that is not scrambled or encrypted or if the communication is a radio communication that is transmitted on frequencies allocated under subpart ,d of part #gd of the rules of the ,federal ,communications ,commission that is not scrambled or encrypted and the conduct is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain1 then the court shall assess damages as follows3 7,a7 ,if the person who engaged in that conduct has not previously been enjoined under section #adib1 and has not been found liable in a prior civil action under this section1 the court shall assess the greater of the sum of actual damages suffered by the plaintiff1 or statutory damages of not less than #ej and not more than #ejj4 7,b7 ,if1 on one prior occasion1 the person who engaged in that conduct has been enjoined under section #adib or has been found liable in a civil action under this section1 the court shall assess the greater of the sum of actual damages suffered by the plaintiff1 or statutory damages of not less than #ajj and not more than #ajjj4 7#b7 ,in any other action under this section1 the court may assess as damages whichever is the greater of-- 7,a7 the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation2 or 7,b7 statutory damages of whichever is the greater of #ajj a day for each day of violation or #aj1jjj4 7d7 ,defense ,a good faith reliance on-- 7#a7 a court warrant or order1 a grand jury subpoena1 a legislative authorization1 or a statutory authorization2 7#b7 a request of an investigative or law enforcement officer under section #caai;,c7g72 or 7#c7 a good faith determination that section #adib7;c7 or #adib7;b77#a7 permitted the conduct complained of1 is a complete defense against any civil or criminal action brought under this chapter or any other law4 7e7 ,limitation ,a civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation4 7f7 ,administrative discipline ,if a court or appropriate department or agency determines that the ,united ,states or any of its departments or agencies has violated any provision of this chapter1 and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the ,united ,states acted willfully or intentionally with respect to the violation1 the department or agency shall1 upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted4 ,if the head of the department or agency involved determines that disciplinary action is not warranted1 he or she shall notify the ,inspector ,general with jurisdiction over the department or agency concerned and shall provide the ,inspector ,general with the reasons for such determination4 7g7 ,improper disclosure is violation ,any willful disclosure or use by an investigative or law enforcement officer or governmental entity of information beyond the extent permitted by section #caai;,b is a violation of this chapter for purposes of subsection 7a74 #caai;,f4 ,injunction against illegal interception ,whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a felony violation of this chapter1 the ,attorney ,general may initiate a civil action in a district court of the ,united ,states to enjoin such violation4 ,the court shall proceed as soon as practicable to the hearing and determination of such an action1 and may1 at any time before final determination1 enter such a restraining order or prohibition1 or take such other action1 as is warranted to prevent a continuing and substantial injury to the ,united ,states or to any person or class of persons for whose protection the action is brought4 ,a proceeding under this section is governed by the ,federal ,rules of ,civil ,procedure1 except that1 if an indictment has been returned against the respondent1 discovery is governed by the ,federal ,rules of ,criminal ,procedure4 #caai;,g4 ,enforcement of the ,communications ,assistance for ,law ,enforcement ,act 7a7 ,enforcement by court issuing surveillance order ,if a court authorizing an interception under this chapter1 a ,state statute1 or the ,foreign ,intelligence ,surveillance ,act of #aigh or authorizing use of a pen register or a trap and trace device under chapter #bjf or a ,state statute finds that a telecommunications carrier has failed to comply with the requirements of the ,communications ,assistance for ,law ,enforcement ,act1 the court may1 in accordance with section #ajh of such ,act1 direct that the carrier comply forthwith and may direct that a provider of support services to the carrier or the manufacturer of the carrier's transmission or switching equipment furnish forthwith modifications necessary for the carrier to comply4 7b7 ,enforcement upon application by ,attorney ,general ,the ,attorney ,general may1 in a civil action in the appropriate ,united ,states district court1 obtain an order1 in accordance with section #ajh of the ,communications ,assistance for ,law ,enforcement ,act1 directing that a telecommunications carrier1 a manufacturer of telecommunications transmission or switching equipment1 or a provider of telecommunications support services comply with such ,act4 7c7 ,civil penalty 7#a7 ,in general ,a court issuing an order under this section against a telecommunications carrier1 a manufacturer of telecommunications transmission or switching equipment1 or a provider of telecommunications support services may impose a civil penalty of up to #aj1jjj per day for each day in violation after the issuance of the order or after such future date as the court may specify4 7#b7 ,considerations ,in determining whether to impose a civil penalty and in determining its amount1 the court shall take into account-- 7,a7 the nature1 circumstances1 and extent of the violation2 7,b7 the violator's ability to pay1 the violator's good faith efforts to comply in a timely manner1 any effect on the violator's ability to continue to do business1 the degree of culpability1 and the length of any delay in undertaking efforts to comply2 and 7,c7 such other matters as justice may require4 7d7 ,definitions ,as used in this section1 the terms defined in section #ajb of the ,communications ,assistance for ,law ,enforcement ,act have the meanings provided1 respectively1 in such section4 #caai;,h4 ,definitions ,unless otherwise provided1 a term defined for the purposes of subchapter ,b of chapter #cg shall have the same meaning for the purposes of this chapter4 #bje;,b ,,procedural ,,and ,,related ,,provisions ,,pertaining ,,to ,,stored ,,communications ,sec #cabj4 ,voluntary disclosure of customer communications or records #cabj;,a4 ,required disclosure of customer communications or records #cabj;,b4 ,backup preservation #cabj;,c4 ,delayed notice #cabj;,d4 ,cost reimbursement #cabj;,e4 ,civil action #cabj;,f4 ,exclusivity of remedies #cabj;,g4 ,counterintelligence access to telephone toll and transactional records #cabj;,h4 ,wrongful disclosure of video tape rental or sale records #cabj;,i4 ,definitions for chapter #cabj;,j4 ,civil actions against the ,united ,states #cabj4 ,voluntary disclosure of customer communications or records 7a7 ,prohibitions ,except as provided in subsection 7b7 or 7c7-- 7#a7 a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service2 and 7#b7 a person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication which is carried or maintained on that service-- 7,a7 on behalf of1 and received by means of electronic transmission from 7or created by means of computer processing of communications received by means of electronic transmission from71 a subscriber or customer of such service2 7,b7 solely for the purpose of providing storage or computer processing services to such subscriber or customer1 if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing2 and 7#c7 a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service 7not including the contents of communications covered by paragraph 7#a7 or 7#b77 to any governmental entity4 7b7 ,exceptions for disclosure of communications ,a provider described in subsection 7a7 may divulge the contents of a communication-- 7#a7 to an addressee or intended recipient of such communication or an agent of such addressee or intended recipient2 7#b7 as otherwise authorized in section #caai;,b1 #adib1 or #cabj;,a2 7#c7 with the lawful consent of the originator or an addressee or intended recipient of such communication1 or the subscriber in the case of remote computing service2 7#d7 to a person employed or authorized or whose facilities are used to forward such communication to its destination2 7#e7 as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service2 7#f7 to the ,national ,center for ,missing and ,exploited ,children1 in connection with a report submitted thereto under section #f of the ,criminal ,code ,modernization and ,simplification ,act of #bjaa2 7#g7 to a law enforcement agency if the contents-- 7,a7 were inadvertently obtained by the service provider2 and 7,b7 appear to pertain to the commission of a crime2 and 7#h7 to a governmental entity1 if the provider1 in good faith1 believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of communications relating to the emergency4 7c7 ,exceptions for disclosure of customer records ,a provider described in subsection 7a7 may divulge a record or other information pertaining to a subscriber to or customer of such service 7not including the contents of communications covered by subsection 7a77#a7 or 7a77#b77-- 7#a7 as otherwise authorized in section #cabj;,a2 7#b7 with the lawful consent of the customer or subscriber2 7#c7 as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service2 7#d7 to a governmental entity1 if the provider1 in good faith1 believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency2 7#e7 to the ,national ,center for ,missing and ,exploited ,children1 in connection with a report submitted thereto under section #f of the ,criminal ,code ,modernization and ,simplification ,act of #bjaa2 or 7#f7 to any person other than a governmental entity4 7d7 ,reporting of emergency disclosures ,on an annual basis1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate a report containing 7#a7 the number of accounts from which the ,department of ,justice has received voluntary disclosures under subsection 7b77#h72 and 7#b7 a summary of the basis for disclosure in those instances where-- 7,a7 voluntary disclosures under subsection 7b77#h7 were made to the ,department of ,justice2 and 7,b7 the investigation pertaining to those disclosures was closed without the filing of criminal charges4 #cabj;,a4 ,required disclosure of customer communications or records 7a7 ,contents of wire or electronic communications in electronic storage ,a governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication1 that is in electronic storage in an electronic communications system for one hundred and eighty days or less1 only pursuant to a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures7 by a court of competent jurisdiction4 ,a governmental entity may require the disclosure by a provider of electronic communications services of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eighty days by the means available under subsection 7b7 of this section4 7b7 ,contents of wire or electronic communications in a remote computing service 7#a7 ,a governmental entity may require a provider of remote computing service to disclose the contents of any wire or electronic communication to which this paragraph is made applicable by paragraph 7#b7 of this subsection-- 7,a7 without required notice to the subscriber or customer1 if the governmental entity obtains a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures7 by a court of competent jurisdiction2 or 7,b7 with prior notice from the governmental entity to the subscriber or customer if the governmental entity-- 7i7 uses an administrative subpoena authorized by a ,federal or ,state statute or a ,federal or ,state grand jury or trial subpoena2 or 7ii7 obtains a court order for such disclosure under subsection 7d7 of this section2 except that delayed notice may be given pursuant to section #cabj;,c4 7#b7 ,paragraph 7#a7 is applicable with respect to any wire or electronic communication that is held or maintained on that service-- 7,a7 on behalf of1 and received by means of electronic transmission from 7or created by means of computer processing of communications received by means of electronic transmission from71 a subscriber or customer of such remote computing service2 and 7,b7 solely for the purpose of providing storage or computer processing services to such subscriber or customer1 if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing4 7c7 ,records concerning electronic communication service or remote computing service 7#a7 ,a governmental entity may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service 7not including the contents of communications7 only when the governmental entity-- 7,a7 obtains a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures7 by a court of competent jurisdiction2 7,b7 obtains a court order for such disclosure under subsection 7d7 of this section2 7,c7 has the consent of the subscriber or customer to such disclosure2 7,d7 submits a formal written request relevant to a law enforcement investigation concerning telemarketing fraud for the name1 address1 and place of business of a subscriber or customer of such provider1 which subscriber or customer is engaged in telemarketing2 or 7,e7 seeks information under paragraph 7#b74 7#b7 ,a provider of electronic communication service or remote computing service shall disclose to a governmental entity the-- 7,a7 name2 7,b7 address2 7,c7 local and long distance telephone connection records1 or records of session times and durations2 7,d7 length of service 7including start date7 and types of service utilized2 7,e7 telephone or instrument number or other subscriber number or identity1 including any temporarily assigned network address2 and 7,f7 means and source of payment for such service 7including any credit card or bank account number71 of a subscriber to or customer of such service when the governmental entity uses an administrative subpoena authorized by a ,federal or ,state statute or a ,federal or ,state grand jury or trial subpoena or any means available under paragraph 7#a74 7#c7 ,a governmental entity receiving records or information under this subsection is not required to provide notice to a subscriber or customer4 7#d7 ,as used in this subsection1 the term telemarketing-- 7,a7 means a plan1 program1 promotion1 or campaign that is conducted to induce-- 7i7 purchases of goods or services2 7ii7 participation in a contest or sweepstakes2 or 7iii7 a charitable contribution1 donation1 or gift of money or any other thing of value1 by use of #a or more interstate telephone calls initiated either by a person who is conducting the plan1 program1 promotion1 or campaign or by a prospective purchaser or contest or sweepstakes participant or charitable contributor1 or donor2 but 7,b7 does not include the solicitation of sales through the mailing of a catalog that-- 7i7 contains a written description or illustration of the goods or services offered for sale2 7ii7 includes the business address of the seller2 7iii7 includes multiple pages of written material or illustration2 and 7iv7 has been issued not less frequently than once a year1 if the person making the solicitation does not solicit customers by telephone but only receives calls initiated by customers in response to the catalog and during those calls takes orders without further solicitation4 7d7 ,requirements for court order ,a court order for disclosure under subsection 7b7 or 7c7 may be issued by any court that is a court of competent jurisdiction and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication1 or the records or other information sought1 are relevant and material to an ongoing criminal investigation4 ,in the case of a ,state governmental authority1 such a court order shall not issue if prohibited by the law of such ,state4 ,a court issuing an order pursuant to this section1 on a motion made promptly by the service provider1 may quash or modify such order1 if the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider4 7e7 ,no cause of action against a provider disclosing information under this chapter ,no cause of action shall lie in any court against any provider of wire or electronic communication service1 its officers1 employees1 agents1 or other specified persons for providing information1 facilities1 or assistance in accordance with the terms of a court order1 warrant1 subpoena1 statutory authorization1 or certification under this chapter4 7f7 ,requirement ,to preserve evidence 7#a7 ,in general ,a provider of wire or electronic communication services or a remote computing service1 upon the request of a governmental entity1 shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process4 7#b7 ,period of retention ,records referred to in paragraph 7#a7 shall be retained for a period of #ij days1 which shall be extended for an additional #ij-;day period upon a renewed request by the governmental entity4 7g7 ,presence of officer not required ,notwithstanding section #caje1 the presence of an officer shall not be required for service or execution of a search warrant issued in accordance with this chapter requiring disclosure by a provider of electronic communications service or remote computing service of the contents of communications or records or other information pertaining to a subscriber to or customer of such service4 #cabj;,b4 ,backup preservation 7a7 ,backup preservation 7#a7 ,a governmental entity acting under section #cabj;,a7b77#b7 may include in its subpoena or court order a requirement that the service provider to whom the request is directed create a backup copy of the contents of the electronic communications sought in order to preserve those communications4 ,without notifying the subscriber or customer of such subpoena or court order1 such service provider shall create such backup copy as soon as practicable consistent with its regular business practices and shall confirm to the governmental entity that such backup copy has been made4 ,such backup copy shall be created within two business days after receipt by the service provider of the subpoena or court order4 7#b7 ,notice to the subscriber or customer shall be made by the governmental entity within three days after receipt of such confirmation1 unless such notice is delayed pursuant to section #cabj;,c7a74 7#c7 ,the service provider shall not destroy such backup copy until the later of-- 7,a7 the delivery of the information2 or 7,b7 the resolution of any proceedings 7including appeals of any proceeding7 concerning the government's subpoena or court order4 7#d7 ,the service provider shall release such backup copy to the requesting governmental entity no sooner than fourteen days after the governmental entity's notice to the subscriber or customer if such service provider-- 7,a7 has not received notice from the subscriber or customer that the subscriber or customer has challenged the governmental entity's request2 and 7,b7 has not initiated proceedings to challenge the request of the governmental entity4 7#e7 ,a governmental entity may seek to require the creation of a backup copy under subsection 7a77#a7 of this section if in its sole discretion such entity determines that there is reason to believe that notification under section #cabj;,a of the existence of the subpoena or court order may result in destruction of or tampering with evidence4 ,this determination is not subject to challenge by the subscriber or customer or service provider4 7b7 ,customer challenges 7#a7 ,within #ad days after notice by the governmental entity to the subscriber or customer under subsection 7a77#b7 of this section1 such subscriber or customer may file a motion to quash such subpoena or vacate such court order1 with copies served upon the governmental entity and with written notice of such challenge to the service provider4 ,a motion to vacate a court order shall be filed in the court which issued such order4 ,a motion to quash a subpoena shall be filed in the appropriate ,united ,states district court or ,state court4 ,such motion or application shall contain an affidavit or sworn statement-- 7,a7 stating that the applicant is a customer or subscriber to the service from which the contents of electronic communications maintained for him have been sought2 and 7,b7 stating the applicant's reasons for believing that the records sought are not relevant to a legitimate law enforcement inquiry or that there has not been substantial compliance with the provisions of this chapter in some other respect4 7#b7 ,service shall be made under this section upon a governmental entity by delivering or mailing by registered or certified mail a copy of the papers to the person1 office1 or department specified in the notice which the customer has received pursuant to this chapter4 ,for the purposes of this section1 the term delivery has the meaning given that term in the ,federal ,rules of ,civil ,procedure4 7#c7 ,if the court finds that the customer has complied with paragraphs 7#a7 and 7#b7 of this subsection1 the court shall order the governmental entity to file a sworn response1 which may be filed in camera if the governmental entity includes in its response the reasons which make in camera review appropriate4 ,if the court is unable to determine the motion or application on the basis of the parties' initial allegations and response1 the court may conduct such additional proceedings as it deems appropriate4 ,all such proceedings shall be completed and the motion or application decided as soon as practicable after the filing of the governmental entity's response4 7#d7 ,if the court finds that the applicant is not the subscriber or customer for whom the communications sought by the governmental entity are maintained1 or that there is a reason to believe that the law enforcement inquiry is legitimate and that the communications sought are relevant to that inquiry1 it shall deny the motion or application and order such process enforced4 ,if the court finds that the applicant is the subscriber or customer for whom the communications sought by the governmental entity are maintained1 and that there is not a reason to believe that the communications sought are relevant to a legitimate law enforcement inquiry1 or that there has not been substantial compliance with the provisions of this chapter1 it shall order the process quashed4 7#e7 ,a court order denying a motion or application under this section shall not be deemed a final order and no interlocutory appeal may be taken therefrom by the customer4 #cabj;,c4 ,delayed notice 7a7 ,delay of notification 7#a7 ,a governmental entity acting under section #cabj;,a7b7 may-- 7,a7 where a court order is sought1 include in the application a request1 which the court shall grant1 for an order delaying the notification required under section #cabj;,a7b7 for a period not to exceed ninety days1 if the court determines that there is reason to believe that notification of the existence of the court order may have an adverse result described in paragraph 7#b7 of this subsection2 or 7,b7 where an administrative subpoena authorized by a ,federal or ,state statute or a ,federal or ,state grand jury subpoena is obtained1 delay the notification required under section #cabj;,a7b7 for a period not to exceed ninety days upon the execution of a written certification of a supervisory official that there is reason to believe that notification of the existence of the subpoena may have an adverse result described in paragraph 7#b7 of this subsection4 7#b7 ,an adverse result for the purposes of paragraph 7#a7 of this subsection is-- 7,a7 endangering the life or physical safety of an individual2 7,b7 flight from prosecution2 7,c7 destruction of or tampering with evidence2 7,d7 intimidation of potential witnesses2 or 7,e7 otherwise seriously jeopardizing an investigation or unduly delaying a trial4 7#c7 ,the governmental entity shall maintain a true copy of certification under paragraph 7#a77;,b74 7#d7 ,extensions of the delay of notification provided in section #cabj;,a of up to ninety days each may be granted by the court upon application1 or by certification by a governmental entity1 but only in accordance with subsection 7b7 of this section4 7#e7 ,upon expiration of the period of delay of notification under paragraph 7#a7 or 7#d7 of this subsection1 the governmental entity shall serve upon1 or deliver by registered or first-class mail to1 the customer or subscriber a copy of the process or request together with notice that-- 7,a7 states with reasonable specificity the nature of the law enforcement inquiry2 and 7,b7 informs such customer or subscriber-- 7i7 that information maintained for such customer or subscriber by the service provider named in such process or request was supplied to or requested by that governmental authority and the date on which the supplying or request took place2 7ii7 that notification of such customer or subscriber was delayed2 7iii7 what governmental entity or court made the certification or determination pursuant to which that delay was made2 and 7iv7 which provision of this chapter allowed such delay4 7#f7 ,as used in this subsection1 the term supervisory official means the investigative agent in charge or assistant investigative agent in charge or an equivalent of an investigating agency's headquarters or regional office1 or the chief prosecuting attorney or the first assistant prosecuting attorney or an equivalent of a prosecuting attorney's headquarters or regional office4 7b7 ,preclusion of notice to subject of governmental access ,a governmental entity acting under section #cabj;,a1 when it is not required to notify the subscriber or customer under section #cabj;,a7b77#a71 or to the extent that it may delay such notice pursuant to subsection 7a7 of this section1 may apply to a court for an order commanding a provider of electronic communications service or remote computing service to whom a warrant1 subpoena1 or court order is directed1 for such period as the court deems appropriate1 not to notify any other person of the existence of the warrant1 subpoena1 or court order4 ,the court shall enter such an order if it determines that there is reason to believe that notification of the existence of the warrant1 subpoena1 or court order will result in-- 7#a7 endangering the life or physical safety of an individual2 7#b7 flight from prosecution2 7#c7 destruction of or tampering with evidence2 7#d7 intimidation of potential witnesses2 or 7#e7 otherwise seriously jeopardizing an investigation or unduly delaying a trial4 #cabj;,d4 ,cost reimbursement 7a7 ,payment ,except as otherwise provided in subsection 7c71 a governmental entity obtaining the contents of communications1 records1 or other information under section #cabj1 #cabj;,a1 or #cabj;,b shall pay to the person or entity assembling or providing such information a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for1 assembling1 reproducing1 or otherwise providing such information4 ,such reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored4 7b7 ,amount ,the amount of the fee provided by subsection 7a7 shall be as mutually agreed by the governmental entity and the person or entity providing the information1 or1 in the absence of agreement1 shall be as determined by the court which issued the order for production of such information 7or the court before which a criminal prosecution relating to such information would be brought1 if no court order was issued for production of the information74 7c7 ,exception ,the requirement of subsection 7a7 of this section does not apply with respect to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under section #cabj;,a4 ,the court may1 however1 order a payment as described in subsection 7a7 if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider4 #cabj;,e4 ,civil action 7a7 ,cause of action ,except as provided in section #cabj;,a7e71 any provider of electronic communication service1 subscriber1 or other person aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may1 in a civil action1 recover from the person or entity1 other than the ,united ,states1 which engaged in that violation such relief as may be appropriate4 7b7 ,relief ,in a civil action under this section1 appropriate relief includes-- 7#a7 such preliminary and other equitable or declaratory relief as may be appropriate2 7#b7 damages under subsection 7c72 and 7#c7 a reasonable attorney's fee and other litigation costs reasonably incurred4 7c7 ,damages ,the court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation1 but in no case shall a person entitled to recover receive less than the sum of #a1jjj4 ,if the violation is willful or intentional1 the court may assess punitive damages4 ,in the case of a successful action to enforce liability under this section1 the court may assess the costs of the action1 together with reasonable attorney fees determined by the court4 7d7 ,administrative discipline ,if a court or appropriate department or agency determines that the ,united ,states or any of its departments or agencies has violated any provision of this chapter1 and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the ,united ,states acted willfully or intentionally with respect to the violation1 the department or agency shall1 upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted4 ,if the head of the department or agency involved determines that disciplinary action is not warranted1 he or she shall notify the ,inspector ,general with jurisdiction over the department or agency concerned and shall provide the ,inspector ,general with the reasons for such determination4 7e7 ,defense ,a good faith reliance on-- 7#a7 a court warrant or order1 a grand jury subpoena1 a legislative authorization1 or a statutory authorization 7including a request of a governmental entity under section #cabj;,a7f772 7#b7 a request of an investigative or law enforcement officer under section #caai;,c7g72 or 7#c7 a good faith determination that section #adib7;c7 permitted the conduct complained of2 is a complete defense to any civil or criminal action brought under this chapter or any other law4 7f7 ,limitation ,a civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation4 7g7 ,improper disclosure ,any willful disclosure of a record1 as that term is defined in section #eeb;a7a7 of title #e1 obtained by an investigative or law enforcement officer1 or a governmental entity1 pursuant to section #cabj;,a1 or from a device installed pursuant to section #cabc or #cabe1 that is not a disclosure made in the proper performance of the official functions of the officer or governmental entity making the disclosure1 is a violation of this chapter4 ,this subsection does not apply to information previously lawfully disclosed 7prior to the commencement of any civil or administrative proceeding under this chapter7 to the public by a ,federal1 ,state1 or local governmental entity or by the plaintiff in a civil action under this chapter4 #cabj;,f4 ,exclusivity of remedies ,the remedies and sanctions described in this chapter are the only judicial remedies and sanctions for nonconstitutional violations of this chapter4 #cabj;,g4 ,counterintelligence access to telephone toll and transactional records 7a7 ,duty ,to provide ,a wire or electronic communication service provider shall comply with a request for subscriber information and toll billing records information1 or electronic communication transactional records in its custody or possession made by the ,director of the ,federal ,bureau of ,investigation under subsection 7b7 of this section4 7b7 ,required certification ,the ,director of the ,federal ,bureau of ,investigation1 or his designee in a position not lower than ,deputy ,assistant ,director at ,bureau headquarters or a ,special ,agent in ,charge in a ,bureau field office designated by the ,director1 may-- 7#a7 request the name1 address1 length of service1 and local and long distance toll billing records of a person or entity if the ,director 7or his designee7 certifies in writing to the wire or electronic communication service provider to which the request is made that the name1 address1 length of service1 and toll billing records sought are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities1 provided that such an investigation of a ,united ,states person is not conducted solely on the basis of activities protected by the first amendment to the ,constitution of the ,united ,states2 and 7#b7 request the name1 address1 and length of service of a person or entity if the ,director 7or his designee7 certifies in writing to the wire or electronic communication service provider to which the request is made that the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities1 provided that such an investigation of a ,united ,states person is not conducted solely upon the basis of activities protected by the first amendment to the ,constitution of the ,united ,states4 7c7 ,prohibition of certain disclosure 7#a7 ,if the ,director of the ,federal ,bureau of ,investigation1 or his designee in a position not lower than ,deputy ,assistant ,director at ,bureau headquarters or a ,special ,agent in ,charge in a ,bureau field office designated by the ,director1 certifies that otherwise there may result a danger to the national security of the ,united ,states1 interference with a criminal1 counterterrorism1 or counterintelligence investigation1 interference with diplomatic relations1 or danger to the life or physical safety of any person1 no wire or electronic communications service provider1 or officer1 employee1 or agent thereof1 shall disclose to any person 7other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request7 that the ,federal ,bureau of ,investigation has sought or obtained access to information or records under this section4 7#b7 ,the request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph 7#a74 7#c7 ,any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice or legal assistance with respect to the request shall inform such person of any applicable nondisclosure requirement4 ,any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph 7#a74 7#d7 ,at the request of the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director1 any person making or intending to make a disclosure under this section shall identify to the ,director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request1 except that nothing in this section requires a person to inform the ,director or such designee of the identity of an attorney to whom disclosure was made or will be made to obtain legal advice or legal assistance with respect to the request under subsection 7a74 7d7 ,dissemination by ,bureau ,the ,federal ,bureau of ,investigation may disseminate information and records obtained under this section only as provided in guidelines approved by the ,attorney ,general for foreign intelligence collection and foreign counterintelligence investigations conducted by the ,federal ,bureau of ,investigation1 and1 with respect to dissemination to an agency of the ,united ,states1 only if such information is clearly relevant to the authorized responsibilities of such agency4 7e7 ,requirement that certain congressional bodies be informed ,on a semiannual basis the ,director of the ,federal ,bureau of ,investigation shall fully inform the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives and the ,select ,committee on ,intelligence of the ,senate1 and the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate1 concerning all requests made under subsection 7b7 of this section4 7f7 ,libraries ,a library 7as that term is defined in section #bac7a7 of the ,library ,services and ,technology ,act71 the services of which include access to the ,internet1 books1 journals1 magazines1 newspapers1 or other similar forms of communication in print or digitally by patrons for their use1 review1 examination1 or circulation1 is not a wire or electronic communication service provider for purposes of this section1 unless the library is providing the services defined in section #adia 7electronic communication service74 #cabj;,h4 ,wrongful disclosure of video tape rental or sale records 7a7 ,definitions ,for purposes of this section-- 7#a7 the term consumer means any renter1 purchaser1 or subscriber of goods or services from a video tape service provider2 7#b7 the term ordinary course of business means only debt collection activities1 order fulfillment1 request processing1 and the transfer of ownership2 7#c7 the term personally identifiable information includes information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider2 and 7#d7 the term video tape service provider means any person1 engaged in the business1 in or affecting interstate or foreign commerce1 of rental1 sale1 or delivery of prerecorded video cassette tapes or similar audio visual materials1 or any person or other entity to whom a disclosure is made under subparagraph 7,d7 or 7,e7 of subsection 7b77#b71 but only with respect to the information contained in the disclosure4 7b7 ,video tape rental and sale records 7#a7 ,a video tape service provider who knowingly discloses1 to any person1 personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in subsection 7d74 7#b7 ,a video tape service provider may disclose personally identifiable information concerning any consumer-- 7,a7 to the consumer2 7,b7 to any person with the informed1 written consent 7including through an electronic means using the ,internet7 of the consumer that-- 7i7 is in a form distinct and separate from any form setting forth other legal or financial obligations of the consumer2 7ii7 at the election of the consumer-- 7,i7 is given at the time the disclosure is sought2 or 7,,ii7 is given in advance for a set period of time1 not to exceed #b years or until consent is withdrawn by the consumer1 whichever is sooner2 and 7iii7 the video tape service provider has provided an opportunity1 in a clear and conspicuous manner1 for the consumer to withdraw on a case-by-case basis or to withdraw from ongoing disclosures1 at the consumer's election2 7,c7 to a law enforcement agency pursuant to a warrant issued under the ,federal ,rules of ,criminal ,procedure1 an equivalent ,state warrant1 a grand jury subpoena1 or a court order2 7,d7 to any person if the disclosure is solely of the names and addresses of consumers and if-- 7i7 the video tape service provider has provided the consumer with the opportunity1 in a clear and conspicuous manner1 to prohibit such disclosure2 and 7ii7 the disclosure does not identify the title1 description1 or subject matter of any video tapes or other audio visual material2 however1 the subject matter of such materials may be disclosed if the disclosure is for the exclusive use of marketing goods and services directly to the consumer2 7,e7 to any person if the disclosure is incident to the ordinary course of business of the video tape service provider2 or 7,f7 pursuant to a court order1 in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means1 if-- 7i7 the consumer is given reasonable notice1 by the person seeking the disclosure1 of the court proceeding relevant to the issuance of the court order2 and 7ii7 the consumer is afforded the opportunity to appear and contest the claim of the person seeking the disclosure4 ,if an order is granted pursuant to subparagraph 7,c7 or 7,f71 the court shall impose appropriate safeguards against unauthorized disclosure4 7#c7 ,court orders authorizing disclosure under subparagraph 7,c7 shall issue only with prior notice to the consumer and only if the law enforcement agency shows that there is probable cause to believe that the records or other information sought are relevant to a legitimate law enforcement inquiry4 ,in the case of a ,state government authority1 such a court order shall not issue if prohibited by the law of such ,state4 ,a court issuing an order pursuant to this section1 on a motion made promptly by the video tape service provider1 may quash or modify such order if the information or records requested are unreasonably voluminous in nature or if compliance with such order otherwise would cause an unreasonable burden on such provider4 7c7 ,civil action 7#a7 ,any person aggrieved by any act of a person in violation of this section may bring a civil action in a ,united ,states district court4 7#b7 ,the court may award-- 7,a7 actual damages but not less than liquidated damages in an amount of #b1ejj2 7,b7 punitive damages2 7,c7 reasonable attorneys' fees and other litigation costs reasonably incurred2 and 7,d7 such other preliminary and equitable relief as the court determines to be appropriate4 7#c7 ,no action may be brought under this subsection unless such action is begun within #b years from the date of the act complained of or the date of discovery4 7#d7 ,no liability shall result from lawful disclosure permitted by this section4 7d7 ,personally identifiable information ,personally identifiable information obtained in any manner other than as provided in this section shall not be received in evidence in any trial1 hearing1 arbitration1 or other proceeding in or before any court1 grand jury1 department1 officer1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or a political subdivision of a ,state4 7e7 ,destruction of old records ,a person subject to this section shall destroy personally identifiable information as soon as practicable1 but no later than one year from the date the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection 7b77#b7 or 7c77#b7 or pursuant to a court order4 #cabj;,i4 ,definitions for chapter ,as used in this chapter-- 7#a7 unless otherwise provided1 a term defined in section #adia has the same meaning given that term in that section2 7#b7 the term remote computing service means the provision to the public of computer storage or processing services by means of an electronic communications system2 7#c7 the term court of competent jurisdiction includes-- 7,a7 any district court of the ,united ,states 7including a magistrate judge of such a court7 or any ,united ,states court of appeals that-- 7i7 has jurisdiction over the offense being investigated2 7ii7 is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications1 records1 or other information are stored2 or 7iii7 is acting on a request for foreign assistance pursuant to section #ceab2 or 7,b7 a court of general criminal jurisdiction of a ,state authorized by the law of that ,state to issue search warrants2 and 7#d7 the term governmental entity means a department or agency of the ,united ,states or any ,state or political subdivision thereof4 #cabj;,j4 ,civil actions against the ,united ,states 7a7 ,in general ,any person who is aggrieved by any willful violation of subchapter ,b or ,c of chapter #cg or of sections #ajf7;a71 #cje7;a71 or #dje7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh may commence an action in ,united ,states ,district ,court against the ,united ,states to recover money damages4 ,in any such action1 if a person who is aggrieved successfully establishes such a violation of subchapter ,b or ,c of chapter #cg or of the above specified provisions of title #ej1 the ,court may assess as damages-- 7#a7 actual damages1 but not less than #aj1jjj1 whichever amount is greater2 and 7#b7 litigation costs1 reasonably incurred4 7b7 ,procedures 7#a7 ,any action against the ,united ,states under this section may be commenced only after a claim is presented to the appropriate department or agency under the procedures of the ,federal ,tort ,claims ,act1 as set forth in title #bh4 7#b7 ,any action against the ,united ,states under this section shall be forever barred unless it is presented in writing to the appropriate ,federal agency within #b years after such claim accrues or unless action is begun within #f months after the date of mailing1 by certified or registered mail1 of notice of final denial of the claim by the agency to which it was presented4 ,the claim shall accrue on the date upon which the claimant first has a reasonable opportunity to discover the violation4 7#c7 ,any action under this section shall be tried to the court without a jury4 7#d7 ,notwithstanding any other provision of law1 the procedures set forth in section #ajf7;f71 #cje7;g71 or #dje7;f7 of the ,foreign ,intelligence ,surveillance ,act of #aigh shall be the exclusive means by which materials governed by those sections may be reviewed4 7#e7 ,an amount equal to any award against the ,united ,states under this section shall be reimbursed by the department or agency concerned to the fund described in section #acjd of title #ca1 out of any appropriation1 fund1 or other account 7excluding any part of such appropriation1 fund1 or account that is available for the enforcement of any ,federal law7 that is available for the operating expenses of the department or agency concerned4 7c7 ,administrative discipline ,if a court or appropriate department or agency determines that the ,united ,states or any of its departments or agencies has violated any provision of this chapter1 and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the ,united ,states acted willfully or intentionally with respect to the violation1 the department or agency shall1 upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted4 ,if the head of the department or agency involved determines that disciplinary action is not warranted1 he or she shall notify the ,inspector ,general with jurisdiction over the department or agency concerned and shall provide the ,inspector ,general with the reasons for such determination4 7d7 ,exclusive remedy ,any action against the ,united ,states under this subsection shall be the exclusive remedy against the ,united ,states for any claims within the purview of this section4 7e7 ,stay of proceedings 7#a7 ,upon the motion of the ,united ,states1 the court shall stay any action commenced under this section if the court determines that civil discovery will adversely affect the ability of the ,government to conduct a related investigation or the prosecution of a related criminal case4 ,such a stay shall toll the limitations periods of paragraph 7#b7 of subsection 7b74 7#b7 ,in this subsection1 the terms related criminal case and related investigation mean an actual prosecution or investigation in progress at the time at which the request for the stay or any subsequent motion to lift the stay is made4 ,in determining whether an investigation or a criminal case is related to an action commenced under this section1 the court shall consider the degree of similarity between the parties1 witnesses1 facts1 and circumstances involved in the #b proceedings1 without requiring that any one or more factors be identical4 7#c7 ,in requesting a stay under paragraph 7#a71 the ,government may1 in appropriate cases1 submit evidence ex parte in order to avoid disclosing any matter that may adversely affect a related investigation or a related criminal case4 ,if the ,government makes such an ex parte submission1 the plaintiff shall be given an opportunity to make a submission to the court1 not ex parte1 and the court may1 in its discretion1 request further information from either party4 2 and 7#b7 by inserting at the end of chapter #bac the following3 #ccja4 ,hate crime acts 7a7 ,offenses not resulting in death ,except as provided in paragraph 7#b71 no person shall be prosecuted1 tried1 or punished for any offense under section #ija unless the indictment for such offense is found1 or the information for such offense is instituted1 not later than #g years after the date on which the offense was committed4 7b7 ,death resulting offenses ,an indictment or information alleging that an offense under section #ija resulted in death may be found or instituted at any time without limitation4 4