5 October 1998 Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html ----------------------------------------------------------------------- [DOCID: f:h4651ih.txt] 105th CONGRESS 2d Session H. R. 4651 To make minor and technical amendments relating to Federal criminal law and procedure. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES September 28, 1998 Mr. McCollum (for himself and Mr. Conyers) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To make minor and technical amendments relating to Federal criminal law and procedure. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Criminal Law Improvements Act of 1998''. TITLE I--AMENDMENTS RELATING TO COURTS AND SENTENCING SEC. 101. ELIMINATION OF OUTMODED CERTIFICATION REQUIREMENT. Section 3731 of title 18, United States Code, is amended in the second paragraph by striking ``, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding''. SEC. 102. CORRECTION OF ABERRANT STATUTES TO PERMIT IMPOSITION OF BOTH A FINE AND IMPRISONMENT RATHER THAN ONLY EITHER PENALTY. (a) Contempt Power.--Section 401 of title 18, United States Code, is amended by inserting ``or both,'' after ``fine or imprisonment,''. (b) Destruction of Letter Boxes.--Section 1705 of title 18, United States Code, is amended by inserting ``, or both'' after ``years''. (c) Various Breaches of Official Duty.--Sections 1916, 2234, and 2235 of title 18, United States Code, are each amended by inserting ``, or both'' after ``year''. SEC. 103. ALLOWING A REDUCTION OF SENTENCE FOR PROVIDING USEFUL INVESTIGATIVE INFORMATION ALTHOUGH NOT REGARDING A PARTICULAR INDIVIDUAL. Section 3553(e) of title 18, United States Code, section 994(n) of title 28, United States Code, and Rule 35(b) of the Federal Rules of Criminal Procedure are each amended by striking ``substantial assistance in the investigation or prosecution of another person who has committed an offense'' and inserting ``substantial assistance in an investigation of any offense or the prosecution of another person who has committed an offense''. SEC. 104. APPEALS FROM CERTAIN DISMISSALS. Section 3731 of title 18, United States Code, is amended by inserting ``or any part thereof'' after ``as to any one or more counts''. SEC. 105. IMPROVEMENT OF HATE CRIMES SENTENCING PROCEDURE. Section 280003(b) of Public Law 103-322 is amended by striking ``the finder of fact at trial'' and inserting ``the court at sentencing''. SEC. 106. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN CONTROLLED SUBSTANCE CASES. Sections 401(b)(1)(A), (B), (C), and (D) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), (B), (C), and (D)) are each amended by striking ``Any sentence'' and inserting ``Notwithstanding section 3583 of title 18, United States Code, any sentence''. SEC. 107. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF PROBATION OR SUPERVISED RELEASE WHEN REDUCING A SENTENCE OF IMPRISONMENT IN CERTAIN CASES. Section 3582(c)(1)(A) of title 18, United States Code, is amended by inserting ``(and may impose a sentence of probation or supervised release with or without conditions)'' after ``may reduce the term of imprisonment''. SEC. 108. GOOD TIME CALCULATION FOR FOREIGN PRISONERS TRANSFERRED TO THE UNITED STATES. (a) In General.--Section 4105(c) of title 18, United States Code, is amended-- (1) in paragraph (1) by inserting ``by the Bureau of Prisons and deducted from the sentence imposed by the foreign court'' after ``These credits shall be combined''; (2) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and (3) by inserting after paragraph (2) the following: ``(3) If the term of imprisonment under section 4106A(b)(1)(A) is less than or equal to the total sentence imposed and certified by the foreign authorities on the basis of considerations other than the limitation arising under section 4106A(b)(1)(C), the Bureau of Prisons shall calculate credits for satisfactory behavior at the rate provided in section 3624(b) and computed on the basis of the term of imprisonment under section 4106A(b)(1)(A). If the credits calculated under this paragraph produce a release date that is earlier than the release date otherwise determined under this section, the release date calculated under this paragraph shall apply to the transferred offender. ``(4) Upon release from prison, the offender shall commence service of any period of supervised release established pursuant to section 4106A(b)(1)(A), and the balance of the foreign sentence remaining at the time of release from prison shall not be reduced by credits for satisfactory behavior, or labor, or any other credit that has been applied to establish the offender's release date.''. (b) Conforming Amendment.--Section 4106A(b)(1)(A) of title 18, United States Code, is amended by striking ``release date'' and inserting ``term of imprisonment''. (c) Effective Date.--The amendments made by this section shall apply to offenders transferred to the custody of the Attorney General on or after the date of enactment of this Act. TITLE II--AMENDMENTS RELATING TO WHITE COLLAR AND OTHER NONVIOLENT CRIME SEC. 201. ADDITION OF ATTEMPTED THEFT AND COUNTERFEITING OFFENSES TO ELIMINATE GAPS AND INCONSISTENCIES IN COVERAGE. Title 18, United States Code, is amended-- (1) in section 153(a), by inserting ``, or attempts to do so,'' after ``any property''; (2) in section 641, by inserting ``or attempts to do so'' after ``agency thereof'' the second place it appears; (3) in section 655, by inserting ``or attempts to steal or so take,'' after ``unlawfully takes,''; (4) in each of sections 656 and 657-- (A) by inserting ``, or attempts to do so,'' after ``willfully misapplies''; and (B) by inserting ``or attempted to be embezzled, abstracted, purloined, or misapplied'' after ``misapplied''; (5) in section 658, by inserting ``or attempts to do so,'' before ``shall be fined''; (6) in section 659-- (A) in the first and third paragraphs by inserting ``or attempts to embezzle, steal, or so take or carry away,'' after ``carries away,''; and (B) in the fourth paragraph by inserting ``or attempts to embezzle, steal, or so take,'' before ``from any railroad car''; (7) in section 661-- (A) by inserting ``, or attempts to do so,'' after ``of another''; and (B) by inserting ``or attempted to be taken'' after ``taken'' each place it appears; (8) in section 664, by inserting ``or attempts to do so,'' before ``shall be fined''; (9) in section 665(a)-- (A) by inserting ``, or attempts to do so,'' before ``shall be fined''; and (B) by inserting ``or attempted to be embezzled, misapplied, stolen, or obtained by fraud'' after ``obtained by fraud''; (10) in section 666(a)(1)(A), by inserting ``or attempts to do so,'' after ``property''; (11) in section 1025-- (A) by inserting ``or attempts to obtain'' after ``obtains''; and (B) by inserting ``or attempted to be obtained'' after ``obtained''; (12) in section 1163, by inserting ``attempts so to embezzle, steal, convert, or misapply,'' after ``willfully misapplies,''; (13) in each of subsections (a) and (b) of section 1167, by inserting ``or attempts to do so,'' before ``shall be fined''; (14) in each of subsections (a) and (b) of section 1168, by inserting ``or attempts to do so,'' before ``shall be fined''; (15) in section 1707-- (A) by inserting ``, or attempts to steal, purloin, or embezzle,'' before ``any property''; and (B) by inserting ``or attempts to appropriate'' after ``appropriates''; (16) in the second paragraph of section 1708 by inserting ``or attempts to steal, take, or abstract,'' after ``abstracts,''; (17) in section 1709-- (A) by inserting ``or attempts to embezzle'' after ``embezzles''; and (B) by inserting ``, or attempts to steal, abstract, or remove,'' after ``removes''; (18) in section 1711, by inserting ``or attempts to loan, use, pledge, hypothecate, or convert to his own use'' after ``use''; (19) in each of the paragraphs of section 2113(b), by inserting ``or attempts to do so,'' before ``shall be fined''; (20) in section 477, by inserting ``, or attempts to do so'' after ``other person''; (21) in section 479, by inserting ``or attempts to utter or pass,'' after ``passes,''; (22) in section 490, by inserting ``attempts to pass, utter, or sell,'' before ``or possesses''; and (23) in section 513(a), by inserting ``or attempts to utter,'' after ``utters''. SEC. 202. CLARIFICATION OF SCIENTER REQUIREMENT FOR RECEIVING PROPERTY STOLEN FROM AN INDIAN TRIBAL ORGANIZATION. Section 1163 of title 18, United States Code, is amended in the second paragraph by striking ``so''. SEC. 203. LARCENY INVOLVING POST OFFICE BOXES AND POSTAL STAMP VENDING MACHINES. Section 2115 of title 18, United States Code, is amended-- (1) by striking ``or'' before ``any building''; (2) by inserting ``or any post office box or postal stamp vending machine for the sale of stamps owned by the Postal Service,'' after ``used in whole or in part as a post office,''; and (3) by inserting ``or in such box or machine,'' after ``so used,''. SEC. 204. THEFT OF VESSELS. (a) Definition.--Section 2311 of title 18, United States Code, is amended by adding at the end the following: ```Vessel' means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above, water.''. (b) Offenses.--Sections 2312 and 2313(a) of title 18, United States Code, are each amended by striking ``motor vehicle or aircraft'' and inserting ``motor vehicle, vessel, or aircraft''. SEC. 205. CONFORMING AMENDMENT TO LAW PUNISHING OBSTRUCTION OF JUSTICE BY NOTIFICATION OF EXISTENCE OF A SUBPOENA FOR RECORDS IN CERTAIN TYPES OF INVESTIGATIONS. Section 1510(b)(3)(B) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (i); (2) by striking the period and inserting ``; or'' at the end of clause (ii); and (3) by adding the following new clause: ``(iii) the Controlled Substances Act, the Controlled Substances Import and Export Act, or section 6050I of the Internal Revenue Code of 1986.''. SEC. 206. CONFORMING AMENDMENT TO INJUNCTION AGAINST FRAUD STATUTE. Section 1345(a)(2) of title 18, United States Code, is amended by inserting ``violation of this chapter or section 287, 371 (insofar as such violation involves a conspiracy to defraud the United States or any agency thereof), or 1001 of this title or of a'' after ``as a result of a''. SEC. 207. INJUNCTIONS AGAINST COUNTERFEITING AND FORGERY. (a) In General.--Chapter 25 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 515. Injunctions against counterfeiting and forgery ``(a)(1) If a person is violating or about to violate any provision of this chapter, the Attorney General may commence a civil action in any Federal court to enjoin such violation. ``(2) A permanent or temporary injunction or restraining order shall be granted without bond. ``(b) The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action as is warranted in its discretion. A proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.''. (b) In General.--The table of sections at the beginning of chapter 25 of title 18, United States Code, is amended by adding at the end the following item: ``515. Injunctions against counterfeiting and forgery.''. SEC. 208. CORRECTION OF ERROR IN PERJURY RECANTATION STATUTE. Section 1623(d) of title 18, United States Code, is amended by striking ``or'' the second place it appears and inserting ``and''. SEC. 209. AMENDMENT OF INTERSTATE TRAVEL FRAUD STATUTE TO COVER TRAVEL BY PERPETRATOR. Section 2314 of title 18, United States Code, is amended in the second undesignated paragraph by inserting ``travels in,'' before ``transports or causes to be transported, or induces any person or persons to travel in''. SEC. 210. CONFORMING STATUTE OF LIMITATIONS AMENDMENT FOR CERTAIN BANK FRAUD OFFENSES. Section 3293 of title 18, United States Code, is amended-- (1) by inserting ``225,'' after ``215,''; and (2) by inserting ``1032,'' before ``1033''. SEC. 211. COVERAGE OF FOREIGN BANK BRANCHES IN THE TERRITORIES. Section 20(9) of title 18, United States Code, is amended by inserting before the period following: ``, except that for purposes of this section the definition of the term ``State'' in such Act shall be deemed to include a commonwealth, territory, or possession of the United States''. TITLE III--MISCELLANEOUS AMENDMENTS SEC. 301. CONFORMING AMENDMENTS RELATING TO SUPERVISED RELEASE. (a) Tampering With a Witness, Victim, or Informant.--Sections 1512(a)(1)(C), 1512(b)(3), 1512(c)(2), 1513(a)(1)(B), and 1513(b)(2) of title 18, United States Code, are each amended by striking ``violation of conditions of probation, parole, or release pending judicial proceedings'' and inserting ``violation of conditions of probation, supervised release, parole, or release pending judicial proceedings''. (b) Release or Detention Pending Trial.--Section 3142 of title 18, United States Code, is amended-- (1) in subsection (d)(1)(A)(iii), by inserting ``, supervised release,'' after ``probation''; and (2) in subsection (g)(3)(B), by inserting ``or supervised release'' after ``probation''. SEC. 302. REPEAL OF OUTMODED PROVISIONS BARRING FEDERAL PROSECUTION OF CERTAIN OFFENSES. (a) Title 18 Offenses.--Title 18, United States Code, is amended-- (1) in each of sections 659 and 2117, by striking the first sentence of the last undesignated paragraph; (2) in section 660, by striking the last undesignated paragraph; and (3) in section 2101, by striking subsection (c) and by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (b) Investment Company Act of 1940.--Section 37 of the Investment Company Act of 1940 (15 U.S.C. 80a-36) is amended by striking the last sentence. SEC. 303. STRENGTHENING OF STATUTE PUNISHING EVASION OR EMBEZZLEMENT OF CUSTOMS DUTIES. Section 542 of title 18, United States Code, is amended-- (1) by striking ``two years'' and inserting ``five years''; and (2) by inserting after the third undesignated paragraph the following: ``This section shall not be construed to require proof of any mental state with respect to whether the defendant's willful act or omission would deprive the Government of any lawful duties.''. SEC. 304. CLARIFYING OR CONFORMING AMENDMENTS ARISING FROM THE ENACTMENT OF PUBLIC LAW 103-322. (a) Juvenile Delinquency.--Section 5032 of title 18, United States Code, is amended by striking ``1111, 1113'' and inserting ``1111, 1112, 1113''. (b) Definition of ``Sells''.--Section 704(b)(2) of title 18, United States Code, is amended by striking ``with respect to a Congressional Medal of Honor''. (c) Controlled Substances Offenses.--Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended-- (1) by striking subsections (g) through (p), (q)(1) through (3), and (r); and (2) by redesignating subsection (q)(4) through (10) as subsection (f)(1) through (7). (d) Clarifying or Conforming Amendments to Sections 2261, 2261A, and 2262.-- (1) Section 2261A of title 18, United States Code, is amended by striking ``injure or harass'' and inserting ``injure, harass, or intimidate''; (2)(A) Sections 2261(b)(3) and 2262(b)(3) of title 18, United States Code, are each amended by inserting ``(as defined in section 2119(2) of this title)'' after ``serious bodily injury''; (B) Section 2261A of title 18, United States Code, is amended by striking ``section 1365(g)(3)'' and inserting ``section 2119(2)''; (3)(A) Section 2261 of title 18, United States Code, is amended-- (i) in subsection (a)(1), by striking ``with the intent to injure, harass, or intimidate'' and inserting ``with the intent to kill, injure, harass, or intimidate''; and (ii) in subsection (a)(1) and (a)(2), by inserting ``or death'' after ``and thereby causes bodily injury''; (B) Section 2262 of title 18, United States Code, is amended-- (i) in subsection (a)(1), by inserting ``or death'' after ``bodily injury''; and (ii) in subsection (a)(2), by striking ``commits an act that injures'' and inserting ``commits an act that causes bodily injury or death to''. SEC. 305. CONFORMING ADDITION TO OBSTRUCTION OF CIVIL INVESTIGATIVE DEMAND STATUTE. Section 1505 of title 18, United States Code, is amended by inserting ``section 1968 or 3486 of this title or'' before ``the Antitrust Civil Process Act''. SEC. 306. ELIMINATION OF PROOF OF VALUE REQUIREMENT FOR FELONY THEFT OR CONVERSION OF GRAND JURY MATERIAL. Section 641 of title 18, United States Code, is amended by striking ``but if the value of such property does not exceed the sum of $1,000, he'' and inserting ``but if the value of such property, other than property constituting `matters occurring before the grand jury' within the meaning of Rule 6(e) of the Federal Rules of Criminal Procedure, does not exceed the sum of $1,000,''. SEC. 307. CLARIFICATION OF INAPPLICABILITY OF 18 UNITED STATES CODE 2515 TO CERTAIN DISCLOSURES. Section 2515 of title 18, United States Code, is amended by adding at the end the following: ``This section does not apply to the disclosure by the United States, a State, or political subdivision in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication, or evidence derived therefrom, the interception of which was in violation of section 2511(2)(d) (relating to certain interceptions not involving governmental misconduct).''. SEC. 308. CLARIFICATION OF JURISDICTIONAL BASE INVOLVING THE MAIL. Section 2422(b) of title 18, United States Code, is amended-- (1) by inserting ``the mail or'' after ``using''; and (2) by striking ``including the mail,''. SEC. 309. AMENDMENT TO SECTION 1547 TO CONFORM TO ENACTMENT OF THE IMMIGRATION BILL. Section 1547 of title 18, United States Code, is amended by striking ``under this chapter (other than an offense under section 1545)'' and inserting ``under section 1546(b)''. SEC. 310. EXPANDED JURISDICTION OVER CHILD BUYING AND SELLING OFFENSES. Section 2251A(c)(3) of title 18, United States Code, is amended by striking ``in any territory or possession of the United States'' and inserting ``in the special maritime and territorial jurisdiction of the United States or in any commonwealth, territory, or possession of the United States''. SEC. 311. CONFORMING AMENDMENT RELATING TO FLUNITRAZEPAM PENALTIES. Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended-- (1) in paragraph (1)(C), by striking ``1 gram of'' before ``flunitrazepam,''; and (2) in paragraph (1)(D), by striking ``or 30 milligrams of flunitrazepam,''. SEC. 312. AMENDMENT OF STATUTE PROHIBITING THE BRINGING OF HAZARDOUS SUBSTANCES ABOARD AN AIRCRAFT. Section 46312 of title 49, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``A person''; and (2) by adding at the end the following: ``(b) State of Mind Requirement.--Knowledge by the person of the existence of a regulation or requirement prescribed by the Secretary is not an element of an offense under this section.''. SEC. 313. DEFINITION OF STATE FOR CHAPTER 123. Section 2725 of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period and inserting ``; and'' at the end of paragraph (3); and (3) by adding the following new paragraph at the end: ``(4) `State' means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.''. SEC. 314. MINOR AND CONFORMING AMENDMENTS TO CHAPTER 90. (a) Definition of State.--Section 1839 of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period and inserting ``; and'' at the end of paragraph (4); and (3) by adding the following new paragraph at the end: ``(5) the term `State' means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.''. (b) Conforming Amendment.--Section 1838 of title 18, United States Code, is amended by striking ``United States Federal, State, commonwealth, possession, or territory law'' and inserting ``United States or State law''. SEC. 315. COMMISSION AMENDMENTS. (a) Salary Level Increase for Executive Director.--Section 806(d)(3) of Public Law 104-132 (110 Stat.1307) is amended by striking the period at the end and inserting ``, except that the rate of pay for Executive Director may not exceed the rate payable for Level IV of the Executive Schedule under section 5316 of that title.''. (b) Expedited Administrative Support.--Section 806(d) of Public Law 104-132 (110 Stat.1307) is amended by adding at the end the following: ``(4) Details to commission without reimbursement.-- Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.''. ``(5) Expedited security clearances.--The Commission and selected staff designated by the Chairman shall be granted the necessary security clearances in an accelerated manner subject to the standard procedures for granting such clearances.''. SEC. 316. ELIMINATION OF SENTENCING INEQUITIES FOR DRUG OFFENDERS. (a) In General.--Subparagraph (B) of section 3621(e)(2) of title 18, United States Code, is amended to read as follows: ``(B) Administration of treatment programs.--The Attorney General shall ensure through the use of all appropriate and available incentives and sanctions that eligible prisoners undergo a program of substance abuse treatment.''. (b) Conforming Amendment.--The heading for paragraph (2) of section 3621(e) of title 18, United States Code, is amended by striking ``Incentive for prisoners' successful completion of treatment program'' and inserting ``Treatment requirement''. (c) Eligibility.--Clause (ii) of section 3621(e)(5)(B) of title 18, United States Code, is amended to read as follows: ``(ii) within 24 months of the date of release, or is otherwise designated by the Bureau of Prisons for participation in a residential substance abuse treatment program; and''. SEC. 317. SENTENCING GUIDELINES AMENDMENT PROCESS. Section 2(g) of the No Electronic Theft (NET) Act is amended by inserting ``as though the authority under that Act had not expired'' after ``18 U.S.C. 994 note)''. SEC. 318. TECHNICAL AMENDMENT TO RESTORE WIRETAP AUTHORITY FOR CERTAIN MONEY LAUNDERING OFFENSES. Section 2516(1)(g) of title 18, United States Code, is amended by striking ``a violation of section 5322 of title 31, United States Code (dealing with the reporting of currency transactions)'' and inserting ``a violation of section 5322 or 5324 of title 31, United States Code (dealing with the reporting and illegal structuring of currency transactions)''. SEC. 319. APPLICABILITY OF LEAVE PROVISIONS TO EMPLOYEES OF THE UNITED STATES SENTENCING COMMISSION. (a) In General.--Section 996(b) of title 28, United States Code, is amended-- (1) by striking ``the following chapters:'' and inserting ``the following:''; (2) by inserting ``Chapters'' before ``45''; (3) by inserting ``63 (Leave),'' before ``81''; and (4) by striking ``Insurance).'' and inserting ``Insurance), and subchapter VI of chapter 55 (Payment for accumulated and accrued leave).''. (b) Savings Provision.--Any leave that an individual accrued or accumulated (or that otherwise became available to such individual) under the leave system of the United States Sentencing Commission and that remains unused as of the date of enactment of this Act shall, on and after such date of enactment, be treated as leave accrued or accumulated (or that otherwise became available to such individual) under chapter 63 of title 5, United States Code. TITLE IV--AMENDMENTS RELATING TO VIOLENT CRIME AND TERRORISM SEC. 401. AMENDMENTS TO ANTI-TERRORISM STATUTES. (a) Modification of Definition of ``Biological Agent''.--Section 178 of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``means any microorganism, virus, or infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product'' and inserting the following: ``means any microorganism (including bacteria, viruses, fungi, rickettsiae, or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance''; (2) in paragraph (2), by striking ``means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including'' and inserting the following: ``means the toxic material or product of plants, animals, microorganisms (including bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes''; and (3) in paragraph (4), by striking ``recombinant molecule, or biological product that may be engineered as a result of biotechnology'' and inserting ``recombinant or synthesized molecule''. (b) Conforming Amendment.--Section 2332a of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``, including any biological agent, toxin, or vector (as those terms are defined in section 178)''; and (2) in subsection (c)(2)(C), by striking ``a disease organism'' and inserting ``any biological agent, toxin, or vector (as those terms are defined in section 178 of this title)''. (c) Addition of Threat Offense.--Section 2332c(a)(1) is amended by striking ``uses, or attempts'' and inserting ``uses, or threatens, attempts''. SEC. 402. PRETRIAL DETENTION ELIGIBILITY FOR CERTAIN CONVICTED FELONS. Section 3156(a)(4) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (B); (2) by striking ``; and'' at the end of subparagraph (C) and inserting ``; or''; and (3) by adding after subparagraph (C) the following new subparagraph: ``(D) an offense that is a violation of section 842(i) or 922(g) of this title (relating to possession of explosives or firearms by convicted felons and other categories of prohibited persons); and''. SEC. 403. ELIMINATION OF UNJUSTIFIED SCIENTER ELEMENT FOR CARJACKING. Section 2119 of title 18, United States Code, is amended by striking ``, with the intent to cause death or serious bodily harm''. SEC. 404. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY PERSONS ACCOMPANYING THE ARMED FORCES. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 211 the following: ``CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES ``Sec. 3261. Criminal offenses committed by persons formerly serving with, or presently employed by or accompanying, the armed forces outside the United States ``(a) Whoever, while serving with, employed by, or accompanying the armed forces outside the United States, engages in conduct which would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, shall be guilty of a like offense and subject to a like punishment. ``(b) Nothing contained in this chapter deprives courts-martial, military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by courts-martial, military commissions, provost courts, or other military tribunals. ``(c) No prosecution may be commenced under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Attorney General of the United States or the Deputy Attorney General of the United States (or a person acting in either such capacity), which function of approval may not be delegated. ``(d)(1) The Secretaries of Defense and Transportation may designate and authorize any person serving in a law enforcement position in the Department of Defense and the Department of Transportation when the Coast Guard is not operating as part of the Navy to arrest outside the United States any person described in subsection (a) of this section who there is probable cause to believe engaged in conduct which constitutes a criminal offense under such section. ``(2) A person arrested under paragraph (1) of this section shall be released to the custody of civilian law enforcement authorities of the United States for removal to the United States for judicial proceedings in relation to conduct referred to in such paragraph unless-- ``(A) such person is delivered to authorities of a foreign country under section 3262 of this title; or ``(B) charges are preferred against such person under chapter 47 of title 10 for such conduct. ``Sec. 3262. Delivery to authorities of foreign countries ``(a) A person described in section 3261(a) of this title may be delivered to the appropriate authorities of a foreign country in which such person is alleged to have engaged in conduct described in such subsection (a) of this section if-- ``(1) the appropriate authorities of that country request the delivery of the person to such country for trial for such conduct as an offense under the laws of that country; and ``(2) the delivery of such person to that country is authorized by a treaty or other international agreement to which the United States is a party. ``(b) The Secretary of Defense, in consultation with the Secretary of State, shall determine what officials of a foreign country constitute appropriate authorities for the purpose of this section. ``Sec. 3263. Regulations ``The Secretary of Defense, in consultation with the Secretary of State, shall issue regulations governing the apprehension, detention, and removal of persons under this chapter. Such regulations shall be uniform throughout the Department of Defense. ``Sec. 3264. Definitions for chapter ``As used in this chapter-- ``(1) a person is employed by the armed forces outside the United States if that person-- ``(A) is employed as a civilian employee of a military department or of the Department of Defense, as a Department of Defense contractor, or as an employee of a Department of Defense contractor; ``(B) is present or residing outside the United States in connection with such employment; and ``(C) is not a national of the host nation. ``(2) a person is accompanying the armed forces outside the United States if that person-- ``(A) is a dependent of a member of the armed forces or of a civilian employee of a military department or of the Department of Defense; ``(B) is residing with the member or civilian employee outside the United States; and ``(C) is not a national of the host nation.''. (b) The table of chapters at the beginning of part II of title 18, United States Code, is amended by inserting after the item relating to chapter 211 the following: ``212. Criminal Offenses Committed Outside the United States 3261''. SEC. 405. CLARIFICATION OF INTERSTATE THREAT STATUTE. Subsection 875(b) and (c) of title 18, United States Code, and the 2d and 3d undesignated paragraphs of sections 876 and 877 of title 18, United States Code, are each amended by striking ``any threat to injure'' and inserting ``any threat to kill or injure''. SEC. 406. ELIMINATION OF SUPERFLUOUS ELEMENT IN ASSAULT WITH A DANGEROUS WEAPON OFFENSE. Section 113(a)(3) of title 18, United States Code, is amended by striking ``with intent to do bodily harm, and''. SEC. 407. ADDITION OF ATTEMPT COVERAGE FOR INTERSTATE DOMESTIC VIOLENCE OFFENSE. Section 2261(a) of title 18, United States Code, is amended-- (1) in paragraph (1) by inserting ``or attempts to do so,'' after ``thereby causes bodily injury to such spouse or intimate partner,''; and (2) in paragraph (2) by inserting ``or attempts to do so,'' after ``thereby causes bodily injury to the person's spouse or intimate partner,''. SEC. 408. ASSAULTS OR OTHER CRIMES OF VIOLENCE FOR HIRE. Section 1958(a) of title 18, United States Code, is amended by inserting ``or other felony crime of violence against the person'' after ``murder''. SEC. 409. INCREASE IN MAXIMUM PENALTY FOR VOLUNTARY MANSLAUGHTER. Section 1112(b) of title 18, United States Code, is amended by striking ``ten years'' and inserting ``20 years''. SEC. 410. VIOLENCE DIRECTED AT DWELLINGS AND OTHER STRUCTURES IN INDIAN COUNTRY. Section 1153(a) of title 18, United States Code, is amended by inserting ``or 1363'' after ``section 661''. SEC. 411. AMENDMENTS OF DRIVE-BY SHOOTING STATUTE. (a) In General.--Section 36 of title 18, United States Code, is amended-- (1) by amending the title to read as follows: ``Sec. 36. Shooting into a group in furtherance of a major drug offense''; (2) in subsection (a)(1), by striking ``punishable under section 408(c) of the Controlled Substances Act'' and inserting ``punishable under section 408(a) of the Controlled Substances Act''; (3) by adding ``or'' at the end of subsection (a)(1) and by striking subsections (a)(2) and (a)(3) and inserting the following: ``(2) an offense punishable under section 401(b)(1)(A) of the Controlled Substances Act or section 1010(b)(1) of the Controlled Substances Import and Export Act or a conspiracy or attempt to commit such an offense.''; and (4) in subsection (b)(1) and (b)(2), by striking ``with the intent to intimidate,'' and inserting ``with the intent to kill, intimidate.''. (b) Clerical Amendment.--The item relating to section 36 in the table of sections at the beginning of chapter 2 of title 18, United States Code, is amended by striking ``Drive-by shooting'' and inserting ``Shooting into a group in furtherance of a major drug offense''. SEC. 412. AMENDMENT TO SECTION 879 OF TITLE 18, UNITED STATES CODE. (a) Generally.--Section 879 of title 18, United States Code, is amended to read as follows: ``Sec. 879. Threats against former Presidents, the immediate family of the President and Vice President, major Presidential and Vice-Presidential candidates, and certain other persons protected by the Secret Service ``(a) Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon-- ``(1) a former President or a former President's spouse; ``(2) a member of the immediate family of the President, the President-elect, the Vice President, or the Vice President- elect; or ``(3) a major candidate for the office of President or Vice President, the spouse or a member of the immediate family of such candidate; shall be fined under this title or imprisoned not more than three years, or both. ``(b) Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon-- ``(1) a member of the immediate family of a former President; or ``(2) any other person for whom the President directs protection be provided, pursuant to section 3056(a)(6) of this title; who is protected by the Secret Service as provided by law, shall be fined under this title or imprisoned not more than three years, or both. ``(c) As used in this section-- ``(1) with respect to subsection (a)(1) of this section, the term `spouse of a former President' means the former President's current spouse or the widow or widower of a former President until the widow's or widower's remarriage; ``(2) the term `immediate family' means-- ``(A) with respect to subsections (a)(2) and (b)(1) of this section, a person to whom the President, President-elect, Vice President, Vice President-elect, or former President-- ``(i) is related by blood, marriage, or adoption; or ``(ii) stands in loco parentis; and ``(B) with respect to subsection (a)(3) of this section, the major candidate's children who are-- ``(i) related by blood, marriage, or adoption; or ``(ii) a person to whom the major candidate stands in loco parentis; ``(3) the term `major candidate for the office of President or Vice President' means a candidate referred to in section 3056(a)(7) of this title; and ``(4) the terms `President-elect' and `Vice President- elect' have the meanings given those terms in section 871(b) of this title.''. (b) Clerical Amendment.--The item in the table of sections at the beginning of chapter 41 of title 18, United States Code, relating to section 879 is amended to read as follows: ``879. Threats against former Presidents, the immediate family of the President and Vice President, major Presidential and Vice-Presidential candidates, and certain other persons protected by the Secret Service.''. TITLE V--CLARIFYING THE METHOD OF EXECUTION OF FEDERAL PRISONERS SEC. 501. IMPLEMENTATION OF SENTENCE OF DEATH. Subsection (a) of section 3596 of title 18, United States Code, is amended to read as follows: ``(a) In General.--A person who is sentenced to death shall be committed to the custody of the Attorney General. At the time the sentence is to be carried out, it shall be implemented pursuant to regulations prescribed by the Attorney General.''. SEC. 502. USE OF FEDERAL FACILITIES. Subsection (a) of section 3597 of title 18, United States Code, is amended to read as follows: ``(a) In General.--A United States marshal charged with supervising the implementation of a sentence of death shall use the appropriate Federal facilities for this purpose.''. SEC. 503. CONFORMING AMENDMENTS. (a) Elimination of Reference to State Employees.--Section 3597(b) of title 18, United States Code, is amended by striking ``any State department of corrections,''. (b) Conforming Section Heading.--The heading for section 3597 of title 18, United States Code, is amended to read as follows: ``Sec. 3597. Use of Federal facilities and employees''. (c) Conforming Table of Sections.--The item relating to section 3597 in the table of sections at the beginning of chapter 228 of title 18, United States Code, is amended to read as follows: ``3597. Use of Federal facilities and employees.''. TITLE VI--TECHNICAL AMENDMENTS RELATING TO CRIMINAL LAW AND PROCEDURE SEC. 601. TECHNICAL AMENDMENTS RELATING TO CRIMINAL LAW AND PROCEDURE. (a) Missing and Incorrect Words.-- (1) Correction of garbled sentence.--Section 510(c) of title 18, United States Code, is amended by striking ``fine of under this title'' and inserting ``fine under this title''. (2) Insertion of missing words.--Section 981(d) of title 18, United States Code, is amended by striking ``proceeds from the sale of this section'' and inserting ``proceeds from the sale of such property under this section''. (3) Correction of incorrect word.--Sections 1425 through 1427, 1541 through 1544 and 1546(a) of title 18, United States Code, are each amended by striking ``to facility'' and inserting ``to facilitate''. (4) Correcting erroneous amendatory language on executed amendment.--Effective on the date of the enactment of Public Law 103-322, section 60003(a)(13) of Public Law 103-322 is amended by striking ``$1,000,000 or imprisonment'' and inserting ``$1,000,000 and imprisonment''. (5) Insertion of missing word.--Section 3286 of title 18, United States Code, is amended by inserting ``section'' before ``2332b''. (6) Correction of reference to short title of law.--Section 2332d(a) of title 18, United States Code, is amended by inserting ``of 1979'' after ``Export Administration Act''. (7) Elimination of typo.--Section 1992(b) of title 18, United States Code, is amended by striking ``term or years'' and inserting ``term of years''. (8) Spelling correction.--Section 2339A(a) of title 18, United States Code, is amended by striking ``or an escape'' and inserting ``of an escape''. (9) Section 3553.--Section 3553(e) of title 18, United States Code, is amended by inserting ``a'' before ``minimum''. (10) Misplaced words in statement of penalty.--Section 2251(d) of title 18, United States Code, is amended by striking ``or imprisoned not less than 10 years nor more than 20 years, and both'' and inserting ``and imprisoned not less than 10 nor more than 20 years''. (b) Margins, Punctuation, and Similar Errors.-- (1) Margin error.--Section 1030(c)(2) of title 18, United States Code, is amended so that the margins of subparagraph (B) and each of its clauses, are moved 2 ems to the left. (2) Correcting capitalization in language to be stricken.-- Effective on the date of its enactment, section 607(g)(2) of the Economic Espionage Act of 1996 is amended by striking ``territory'' and inserting ``Territory''. (3) Correcting paragraphing.--The material added to section 521(a) of title 18, United States Code, by section 607(q) of the Economic Espionage Act of 1996 is amended to appear as a paragraph indented 2-ems from the left margin. (4) Subsection placement correction.--Section 1513 of title 18, United States Code, is amended by transferring subsection (d) so that it appears following subsection (c). (5) Insertion of parenthetical descriptions.--Section 2332b(g)(5) of title 18, United States Code, is amended-- (A) by inserting ``(relating to certain killings in Federal facilities)'' after ``930(c)''; (B) by inserting ``(relating to wrecking trains)'' after ``1992''; and (C) by inserting ``(relating to use of chemical weapons)'' after ``2332c''. (6) Correction to allow for insertion of new subparagraph.--Section 1956(c)(7) of title 18, United States Code, is amended-- (A) by striking ``or'' at the end of subparagraph (D); (B) by striking the period at the end of subparagraph (E) and inserting ``; or''; and (C) in subparagraph (F), by striking ``Any'' and inserting ``any''. (7) Redesignation of duplicate paragraph.--Section 982(a) of title 18, United States Code, is amended by redesignating the second paragraph (6) as paragraph (7). (8) Correction of confusing subdivision designation.-- Section 1716 of title 18, United States Code, is amended-- (A) in the first undesignated paragraph, by inserting ``(j)(1)'' before ``Whoever''; (B) in the second undesignated paragraph-- (i) by striking ``not more than $10,000'' and inserting ``under this title''; and (ii) by inserting ``(2)'' at the beginning of that paragraph; (C) by inserting ``(3)'' at the beginning of the third undesignated paragraph; and (D) by redesignating subsection (j) as subsection (k). (9) Punctuation correction in section 1091.--Section 1091(b)(1) of title 18, United States Code, is amended by striking ``subsection (a)(1),'' and inserting ``subsection (a)(1)''. (10) Punctuation correction in section 2311.--Section 2311 of title 18, United States Code, is amended by striking the period after ``carcasses thereof'' the second place that term appears and inserting a semicolon. (11) Syntax correction.--Section 115(b)(2) of title 18 is amended by striking ``, attempted kidnapping, or conspiracy to kidnap of a person'' and inserting ``or attempted kidnapping of, or a conspiracy to kidnap, a person''. (c) Elimination of Redundancies.-- (1) Elimination of redundant provision.--Section 2516(1) of title 18, United States Code, is amended-- (A) by striking the first paragraph (p); and (B) by inserting ``or'' at the end of paragraph (o). (2) Elimination of duplicate amendments.--Effective on the date of its enactment, paragraphs (1), (2), and (4) of section 601(b), paragraph (2) of section 601(d), paragraphs (2) and (6) of section 601(f), paragraphs (1) and (2)(A) of section 601(j), paragraphs (1) and (2) of section 601(k), subsection (d) of section 602, paragraph (4) of section 604(b), and subsection (r) of section 605 of the Economic Espionage Act of 1996 are repealed. (3) Elimination of extra comma.--Section 1956(c)(7)(D) of title 18, United States Code, is amended-- (A) by striking ``Code,,'' and inserting ``Code,''; and (B) by striking ``services),,'' and inserting ``services),''. (4) Repeal of section granting duplicative authority.-- (A) Section 3503 of title 18, United States Code, is repealed. (B) The table of sections at the beginning of chapter 223 of title 18, United States Code, is amended by striking the item relating to section 3503. (5) Elimination of outmoded reference to parole.--Section 929(b) of title 18, United States Code, is amended by striking the last sentence. (d) Correction of Outmoded Fine Amounts.-- (1) In title 18, united states code.-- (A) In section 665.--Section 665(c) of title 18, United States Code, is amended by striking ``a fine of not more than $5,000'' and inserting ``a fine under this title''. (B) In sections 1924, 2075, 2113(b), and 2236.-- (i) Section 1924(a) of title 18, United States Code, is amended by striking ``not more than $1,000,'' and inserting ``under this title''. (ii) Sections 2075, 2113(b), and 2236 of title 18, United States Code, are each amended by striking ``not more than $1,000'' and inserting ``under this title''. (C) In section 372 and 752.--Sections 372 and 752(a) of title 18, United States Code, are each amended by striking ``not more than $5,000'' and inserting ``under this title''. (D) In section 924(e)(1).--Section 924(e)(1) of title 18, United States Code, is amended by striking ``not more than $25,000'' and inserting ``under this title''. (2) In the controlled substances act.-- (A) In section 401.--Section 401(e) of the Controlled Substances Act (21 U.S.C. 841(e)) is amended-- (i) in paragraph (1), by striking ``and shall be fined not more than $10,000'' and inserting ``or fined under title 18, United States Code, or both''; and (ii) in paragraph (2), by striking ``and shall be fined not more than $20,000'' and inserting ``or fined under title 18, United States Code, or both''. (B) In section 402.--Section 402(c)(2) of the Controlled Substances Act (21 U.S.C. 842(c)) is amended-- (i) in subparagraph (A), by striking ``of not more than $25,000'' and inserting ``under title 18, United States Code''; and (ii) in subparagraph (B), by striking ``of $50,000'' and inserting ``under title 18, United States Code''. (C) In section 403.--Section 403(d) of the Controlled Substances Act (21 U.S.C. 843(d)) is amended-- (i) by striking ``of not more than $30,000'' each place that term appears and inserting ``under title 18, United States Code''; and (ii) by striking ``of not more than $60,000'' each place it appears and inserting ``under title 18, United States Code''. (e) Cross Reference Corrections.-- (1) Cross reference corrections occasioned by enactment of intervening law.-- (A) Section 3583.--Section 3583(d) of title 18, United States Code, is amended by striking ``section 3563(b)(1) through (b)(10) and (b)(12) through (b)(20)'' and inserting ``paragraphs (1) through (9) and (11) through (19) of section 3563(b)''. (B) Section 3563.--Section 3563(a)(2) of title 18, United States Code, is amended by striking ``, (b)(3), or (b)(13)'' and inserting ``or (b)(12)''. (2) Section 3664.--Section 3664(o)(1)(C) of title 18, United States Code, is amended by striking ``section 3664(d)(3)'' and inserting ``subsection (d)(5)''. (3) Chapter 228.--Section 3592(c)(1) of title 18, United States Code, is amended by striking ``section 36'' and inserting ``section 37''. (4) Correcting erroneous cross reference in controlled substances act.--Section 511(a)(10) of the Controlled Substances Act (21 U.S.C. 881(a)(10)) is amended by striking ``1822 of the Mail Order Drug Paraphernalia Control Act'' and inserting ``422''. (5) Correction to reflect cross reference change made by other law.--Effective on the date of its enactment, section 601(c)(3) of the Economic Espionage Act of 1996 is amended by striking ``247(d)'' and inserting ``247(e)''. (6) Typographical and typeface error in table of chapters.--The item relating to chapter 123 in the table of chapters at the beginning of part I of title 18, United States Code, is amended-- (A) by striking ``2271'' and inserting ``2721''; and (B) so that the item appears in bold face type. (7) Correction occasioned by enactment of intervening law.--Section 3563(a) of title 18, United States Code, is amended by striking ``paragraph (4)'' each place it appears and inserting ``paragraph (5)''. (8) Section 3565.--Section 3565(b)(3) of title 18, United States Code, is amended by striking ``3563(a)(4)'' and inserting ``3563(a)(5)''. (9) Section 4104.--Section 4104(d) of title 18, United States Code, is amended by striking ``section 3653 of this title and rule 32(f) of'' and inserting ``section 3565 of this title and the applicable provisions of''. (10) Error in amendatory language.--Effective on the date of its enactment, section 583 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (111 Stat. 2436) is amended by striking ``Section 2401'' and inserting ``Section 2441''. (11) Error in cross reference to court rules.--The first sentence of section 3593(c) of title 18, United States Code, is amended by striking ``rule 32(c)'' and inserting ``rule 32''. (12) Correction of erroneous cite in amendatory language.-- Effective on the date of the enactment of section 102 of the Economic Espionage Act of 1996, such section is amended by striking ``Section 2516(1)(c)'' and inserting ``Section 2516(1)(a)''. (13) Section 1836.--Section 1836(a) of title 18, United States Code, is amended by striking ``this section'' and inserting ``this chapter''. (14) Correction of erroneous cite in chapter 119.--Section 2510(10) of title 18, United States Code, is amended by striking ``shall have'' and all that follows through ``United States Code;'' and inserting ``has the meaning given that term in section 3 of the Communications Act of 1934;''. (f) Tables of Sections Corrections.-- (1) Conforming table of sections to heading of section.-- The item relating to section 1837 in the table of sections at the beginning of chapter 90 of title 18, United States Code, is amended by striking ``Conduct'' and inserting ``Applicability to conduct''. (2) Conforming heading to table of sections entry.--The heading of section 1920 of title 18, United States Code, is amended by striking ``employee's'' and inserting ``employees'''.