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I 114TH CONGRESS 1ST SESSION H. R. 4002 To amend title 18, United States Code, to make various improvements in Federal criminal law, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 16, 2015 Mr. SENSENBRENNER (for himself, Mr. GOODLATTE, Mr. CONYERS, Mr. LAB- RADOR, Ms. JACKSON LEE, and Mr. COLLINS of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to make various improvements in Federal criminal law, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Criminal Code Im- 4 provement Act of 2015’’. 5 SEC. 2. REVISION OF GENERAL PROVISIONS FOR TITLE 18, 6 UNITED STATES CODE. 7 Chapter 1 of title 18, United States Code, is amended 8 to read as follows: 9 VerDate Sep 11 2014 05:23 Nov 17, 2015 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4002.IH H4002 smartinez on DSK4TPTVN1PROD with BILLS

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Page 1: TH ST CONGRESS SESSION H. R. 4002 · 12 petent authorities take over the responsibility 13 for the vehicle and for persons and property 14 aboard. 15 ‘‘(G) Any place outside the

I

114TH CONGRESS 1ST SESSION H. R. 4002

To amend title 18, United States Code, to make various improvements in

Federal criminal law, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 16, 2015

Mr. SENSENBRENNER (for himself, Mr. GOODLATTE, Mr. CONYERS, Mr. LAB-

RADOR, Ms. JACKSON LEE, and Mr. COLLINS of Georgia) introduced the

following bill; which was referred to the Committee on the Judiciary

A BILL To amend title 18, United States Code, to make various

improvements in Federal criminal law, and for other

purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Criminal Code Im-4

provement Act of 2015’’. 5

SEC. 2. REVISION OF GENERAL PROVISIONS FOR TITLE 18, 6

UNITED STATES CODE. 7

Chapter 1 of title 18, United States Code, is amended 8

to read as follows: 9

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‘‘CHAPTER 1—GENERAL PROVISIONS 1

‘‘Subchapter ‘‘A. Definitions .................................................................................... 1 ‘‘B. Principal and derivative criminal responsibility ......... 5 ‘‘C. Criminal states of mind .......................................................... 11 ‘‘D. Defenses ........................................................................................ 15 ‘‘E. Derivation of offenses from relevant State offences

in special jurisdiction .......................................... 20 ‘‘F. Other General Provisions ...................................................... 21

‘‘SUBCHAPTER A—DEFINITIONS 2

‘‘Sec.

‘‘1. Definitions for title.

‘‘§ 1. Definitions for title 3

‘‘In this title, the following definitions apply unless 4

otherwise provided: 5

‘‘(1) The term ‘United States’ when used in a 6

territorial sense, includes all places and waters, con-7

tinental or insular, subject to the jurisdiction of the 8

United States. 9

‘‘(2) The term ‘department’ means one of the 10

executive departments enumerated in section 1 of 11

title 5, unless the context shows that such term was 12

intended to describe the executive, legislative, or ju-13

dicial branches of the Government. 14

‘‘(3) The term ‘agency’ includes any depart-15

ment, independent establishment, commission, ad-16

ministration, authority, board, or bureau of the 17

United States or any corporation in which the 18

United States has a proprietary interest, unless the 19

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context shows that such term was intended to be 1

used in a more limited sense. 2

‘‘(4) The term ‘State’ means a State of the 3

United States, the District of Columbia, or any com-4

monwealth, territory, or possession of the United 5

States. 6

‘‘(5) The term ‘special maritime and territorial 7

jurisdiction of the United States’ is as follows: 8

‘‘(A) The high seas, any other waters with-9

in the admiralty and maritime jurisdiction of 10

the United States and out of the jurisdiction of 11

any particular State, and any vessel belonging 12

in whole or in part to the United States or any 13

citizen thereof, or to any corporation created by 14

or under the laws of the United States, or of 15

any State, when such vessel is within the admi-16

ralty and maritime jurisdiction of the United 17

States and out of the jurisdiction of any par-18

ticular State. 19

‘‘(B) Any vessel registered, licensed, or en-20

rolled under the laws of the United States, and 21

being on a voyage upon the waters of any of the 22

Great Lakes, or any of the waters connecting 23

them, or upon the Saint Lawrence River where 24

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the same constitutes the International Bound-1

ary Line. 2

‘‘(C) Any lands reserved or acquired for 3

the use of the United States, and under the ex-4

clusive or concurrent jurisdiction thereof, or any 5

place purchased or otherwise acquired by the 6

United States by consent of the legislature of 7

the State in which the same shall be, for the 8

erection of a fort, magazine, arsenal, dockyard, 9

or other needful building. 10

‘‘(D) Any island, rock, or key containing 11

deposits of guano, which may, at the discretion 12

of the President, be considered as appertaining 13

to the United States. 14

‘‘(E) Any aircraft belonging in whole or in 15

part to the United States, or any citizen there-16

of, or to any corporation created by or under 17

the laws of the United States, or any State, 18

while such aircraft is in flight over the high 19

seas, or over any other waters within the admi-20

ralty and maritime jurisdiction of the United 21

States and out of the jurisdiction of any par-22

ticular State. 23

‘‘(F) Any vehicle used or designed for 24

flight or navigation in space and on the registry 25

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of the United States pursuant to the Treaty on 1

Principles Governing the Activities of States in 2

the Exploration and Use of Outer Space, In-3

cluding the Moon and Other Celestial Bodies 4

and the Convention on Registration of Objects 5

Launched into Outer Space, while that vehicle 6

is in flight, which is from the moment when all 7

external doors are closed on Earth following 8

embarkation until the moment when one such 9

door is opened on Earth for disembarkation or 10

in the case of a forced landing, until the com-11

petent authorities take over the responsibility 12

for the vehicle and for persons and property 13

aboard. 14

‘‘(G) Any place outside the jurisdiction of 15

any nation with respect to an offense by or 16

against a national of the United States. 17

‘‘(H) To the extent permitted by inter-18

national law, any foreign vessel during a voyage 19

having a scheduled departure from or arrival in 20

the United States with respect to an offense 21

committed by or against a national of the 22

United States. 23

‘‘(I) With respect to offenses committed by 24

or against a national of the United States as 25

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that term is used in section 101 of the Immi-1

gration and Nationality Act— 2

‘‘(i) the premises of United States 3

diplomatic, consular, military, or other 4

United States Government missions or en-5

tities in foreign states, including the build-6

ings, parts of buildings, and land appur-7

tenant or ancillary thereto or used for pur-8

poses of those missions or entities, irre-9

spective of ownership; and 10

‘‘(ii) residences in foreign states and 11

the land appurtenant or ancillary thereto, 12

irrespective of ownership, used for pur-13

poses of those missions or entities or used 14

by United States personnel assigned to 15

those missions or entities. 16

‘‘(J) Nothing in subparagraph (I) super-17

sedes any treaty or international agreement 18

with which this clause conflicts. Subparagraph 19

(I) does not apply with respect to an offense 20

committed by a person described in section 21

3261(a). 22

‘‘(6) The term ‘vessel of the United States’ 23

means a vessel belonging in whole or in part to the 24

United States, or any citizen thereof, or any cor-25

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poration created by or under the laws of the United 1

States, or of any State. 2

‘‘(7) The term ‘obligation or other security of 3

the United States’ includes all bonds, certificates of 4

indebtedness, national bank currency, Federal Re-5

serve notes, Federal Reserve bank notes, coupons, 6

United States notes, Treasury notes, gold certifi-7

cates, silver certificates, fractional notes, certificates 8

of deposit, bills, checks, or drafts for money, drawn 9

by or upon authorized officers of the United States, 10

stamps and other representatives of value, of what-11

ever denomination, issued under any Act of Con-12

gress, and canceled United States stamps. 13

‘‘(8) The term ‘foreign government’ except in 14

sections 112, 878, 970, 1116, and 1201, includes 15

any government, faction, or body of insurgents with-16

in a country with which the United States is at 17

peace, irrespective of recognition by the United 18

States. 19

‘‘(9) The term ‘obligation or other security of 20

any foreign government’ includes uncanceled stamps, 21

whether or not demonetized. 22

‘‘(10) The term ‘interstate commerce’ means 23

commerce between or among more than one State. 24

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‘‘(11) The term ‘foreign commerce’ means com-1

merce with a foreign country. 2

‘‘(12) The term ‘Postal Service’ means the 3

United States Postal Service established under title 4

39, and every officer and employee of that Service, 5

whether or not such officer or employee has taken 6

the oath of office. 7

‘‘(13) The term ‘crime of violence’ means— 8

‘‘(A) an offense that has as an element the 9

use, attempted use, or threatened use of phys-10

ical force against the person or property of an-11

other; or 12

‘‘(B) any other offense that is a felony and 13

that, by its nature, involves a substantial risk 14

that physical force against the person or prop-15

erty of another may be used in the course of 16

committing the offense. 17

‘‘(14) The term ‘organization’ means a person 18

other than an individual. 19

‘‘(15) The term ‘petty offense’ means a Class B 20

misdemeanor, a Class C misdemeanor, or an infrac-21

tion, for which the maximum fine is no greater than 22

the amount set forth for such an offense in section 23

3571(b)(6) or (7) in the case of an individual or sec-24

tion 3571(c)(6) or (7) in the case of an organization. 25

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‘‘(16) The term ‘financial institution’ means— 1

‘‘(A) an insured depository institution (as 2

defined in section 3(c)(2) of the Federal De-3

posit Insurance Act); 4

‘‘(B) a credit union with accounts insured 5

by the National Credit Union Share Insurance 6

Fund; 7

‘‘(C) a Federal home loan bank or a mem-8

ber, as defined in section 2 of the Federal 9

Home Loan Bank Act, of the Federal home 10

loan bank system; 11

‘‘(D) a System institution of the Farm 12

Credit System, as defined in section 5.35(3) of 13

the Farm Credit Act of 1971; 14

‘‘(E) a small business investment company, 15

as defined in section 103 of the Small Business 16

Investment Act of 1958; 17

‘‘(F) a depository institution holding com-18

pany (as defined in section 3(w)(1) of the Fed-19

eral Deposit Insurance Act; 20

‘‘(G) a Federal Reserve bank or a member 21

bank of the Federal Reserve System; 22

‘‘(H) an organization operating under sec-23

tion 25 or section 25A of the Federal Reserve 24

Act; 25

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‘‘(I) a branch or agency of a foreign bank 1

(as such terms are defined respectively in sec-2

tion 1(b) of the International Banking Act of 3

1978); or 4

‘‘(J) a mortgage lending business or any 5

person or entity that makes in whole or in part 6

a federally related mortgage loan as defined in 7

section 3 of the Real Estate Settlement Proce-8

dures Act of 1974. 9

‘‘(17) The term ‘mortgage lending business’ 10

means an organization which finances or refinances 11

any debt secured by an interest in real estate, in-12

cluding private mortgage companies and any subsidi-13

aries of such organizations, and whose activities af-14

fect interstate or foreign commerce. 15

‘‘(18) The term ‘court of the United States’ in-16

cludes the District Court of Guam, the District 17

Court for the Northern Mariana Islands, and the 18

District Court of the Virgin Islands. 19

‘‘(19) The term ‘Federal health care offense’ 20

means a violation of, or a criminal conspiracy to vio-21

late— 22

‘‘(A) section 669, 1035, 1347, or 1518 of 23

this title or section 1128B of the Social Secu-24

rity Act; or 25

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‘‘(B) section 287, 371, 664, 666, 1001, 1

1027, 1341, 1343, 1349, or 1954 of this title, 2

section 301 of the Federal Food, Drug, and 3

Cosmetic Act, section 501 of the Employee Re-4

tirement Income Security Act of 1974, or sec-5

tion 411, 518, or 511 of the Employee Retire-6

ment Income Security Act of 1974, if the viola-7

tion or conspiracy relates to a health care ben-8

efit program. 9

‘‘(20) The term ‘health care benefit program’ 10

means any public or private plan or contract, affect-11

ing interstate commerce or foreign commerce, under 12

which any medical benefit, item, or service is pro-13

vided to any individual, and includes any individual 14

or entity who is providing a medical benefit, item, or 15

service for which payment may be made under the 16

plan or contract. 17

‘‘(21) The term ‘seaport’ means all piers, 18

wharves, docks, and similar structures, adjacent to 19

any waters subject to the jurisdiction of the United 20

States, to which a vessel may be secured, including 21

areas of land, water, or land and water under and 22

in immediate proximity to such structures, buildings 23

on or contiguous to such structures, and the equip-24

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ment and materials on such structures or in such 1

buildings. 2

‘‘(22) The term ‘serious bodily injury’ means 3

bodily injury which involves— 4

‘‘(A) a substantial risk of death; 5

‘‘(B) extreme physical pain; 6

‘‘(C) protracted and obvious disfigurement; 7

or 8

‘‘(D) protracted loss or impairment of the 9

function of a bodily member, organ, or mental 10

faculty. 11

‘‘(23) The term ‘bodily injury’ means— 12

‘‘(A) a cut, abrasion, bruise, burn, or dis-13

figurement; 14

‘‘(B) physical pain; 15

‘‘(C) illness; 16

‘‘(D) impairment of the function of a bod-17

ily member, organ, or mental faculty; or 18

‘‘(E) any other injury to the body, no mat-19

ter how temporary. 20

‘‘SUBCHAPTER B—PRINCIPAL AND DERIVATIVE 21

CRIMINAL RESPONSIBILITY 22

‘‘Sec.

‘‘5. Principals.

‘‘6. Accessory after the fact.

‘‘7. Misprision of felony.

‘‘8. Use of minors in crimes of violence.

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‘‘§ 5. Principals 1

‘‘(a) Whoever commits an offense against the United 2

States or aids, abets, counsels, commands, induces, or pro-3

cures its commission, is punishable as a principal. 4

‘‘(b) Whoever willfully causes an act to be done which 5

if directly performed by him or another would be an of-6

fense against the United States, is punishable as a prin-7

cipal. 8

‘‘§ 6. Accessory after the fact 9

‘‘(a) Whoever, knowing that an offense against the 10

United States has been committed, receives, relieves, com-11

forts, or assists the offender in order to hinder or prevent 12

his apprehension, trial, or punishment, is an accessory 13

after the fact. 14

‘‘(b) Except as otherwise expressly provided by any 15

Act of Congress, an accessory after the fact shall be im-16

prisoned not more than one-half the maximum term of im-17

prisonment or (notwithstanding section 3571) fined not 18

more than one-half the maximum fine prescribed for the 19

punishment of the principal, or both; or if the principal 20

is punishable by life imprisonment or death, the accessory 21

shall be imprisoned not more than 15 years. 22

‘‘§ 7. Misprision of felony 23

‘‘Whoever, having knowledge of the actual commis-24

sion of a felony cognizable by a court of the United States, 25

conceals and does not as soon as possible make known 26

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the same to some judge or other person in civil or military 1

authority under the United States, shall be fined under 2

this title or imprisoned not more than three years, or both. 3

‘‘§ 8. Use of minors in crimes of violence 4

‘‘(a) DEFINITIONS.—In this section— 5

‘‘(1) the term ‘minor’ means a person who has 6

not reached 18 years of age; and 7

‘‘(2) the term ‘uses’ means employs, hires, per-8

suades, induces, entices, or coerces. 9

‘‘(b) PENALTIES.—Any person who is 18 years of age 10

or older, who intentionally uses a minor to commit a crime 11

of violence for which such person may be prosecuted in 12

a court of the United States, or to assist in avoiding detec-13

tion or apprehension for such an offense, shall— 14

‘‘(1) for the first conviction, be subject to twice 15

the maximum term of imprisonment and twice the 16

maximum fine that would otherwise be authorized 17

for the offense; and 18

‘‘(2) for each subsequent conviction, be subject 19

to 3 times the maximum term of imprisonment and 20

3 times the maximum fine that would otherwise be 21

authorized for the offense. 22

‘‘SUBCHAPTER C—CRIMINAL STATES OF MIND 23

‘‘Sec.

‘‘11. Default state of mind proof requirement in Federal criminal cases.

‘‘12. Stolen or counterfeit nature of property for certain crimes defined.

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‘‘§ 11. Default state of mind proof requirement in Fed-1

eral criminal cases 2

‘‘If no state of mind is required by law for a Federal 3

criminal offense— 4

‘‘(1) the state of mind the Government must 5

prove is knowing; and 6

‘‘(2) if the offense consists of conduct that a 7

reasonable person in the same or similar cir-8

cumstances would not know, or would not have rea-9

son to believe, was unlawful, the Government must 10

prove that the defendant knew, or had reason to be-11

lieve, the conduct was unlawful. 12

‘‘§ 12. Stolen or counterfeit nature of property for 13

certain crimes defined 14

‘‘(a) Wherever in this title it is an element of an of-15

fense that— 16

‘‘(1) any property was embezzled, robbed, sto-17

len, converted, taken, altered, counterfeited, falsely 18

made, forged, or obliterated; and 19

‘‘(2) the defendant knew that the property was 20

of such character; 21

such element may be established by proof that the defend-22

ant, after or as a result of an official representation as 23

to the nature of the property, believed the property to be 24

embezzled, robbed, stolen, converted, taken, altered, coun-25

terfeited, falsely made, forged, or obliterated. 26

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‘‘(b) In this section, the term ‘official representation’ 1

means any representation made by a Federal law enforce-2

ment officer (as defined in section 115) or by another per-3

son at the direction or with the approval of such an officer. 4

‘‘SUBCHAPTER D—INSANITY DEFENSE 5

‘‘15. Insanity defenses

‘‘§ 15. Insanity defense 6

‘‘(a) IN GENERAL.—It is an affirmative defense to 7

a prosecution under any Federal statute that, at the time 8

of the commission of the acts constituting the offense, the 9

defendant, as a result of a severe mental disease or defect, 10

was unable to appreciate the nature and quality or the 11

wrongfulness of his acts. Mental disease or defect does not 12

otherwise constitute a defense. 13

‘‘(b) BURDEN OF PROOF FOR INSANITY DEFENSE.— 14

The defendant has the burden of proving the defense of 15

insanity by clear and convincing evidence. 16

‘‘SUBCHAPTER E—DERIVATION OF OFFENSES 17

FROM RELEVANT STATE OFFENSES IN SPE-18

CIAL JURISDICTION 19

‘‘Sec.

‘‘20. Laws of States adopted for areas within Federal jurisdiction.

‘‘§ 20. Laws of States adopted for areas within Fed-20

eral jurisdiction 21

‘‘(a) Whoever within the special maritime and terri-22

torial jurisdiction of the United States or on, above, or 23

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below any portion of the territorial sea of the United 1

States not within the jurisdiction of any State is guilty 2

of any act or omission which, although not made punish-3

able by any enactment of Congress, would be punishable 4

if committed or omitted within the jurisdiction of the State 5

in which such place is situated, by the laws thereof in force 6

at the time of such act or omission, shall be guilty of a 7

like offense and subject to a like punishment. 8

‘‘(b)(1) Subject to paragraph (2) and for purposes 9

of subsection (a) of this section, that which may or shall 10

be imposed through judicial or administrative action under 11

the law of a State for a conviction for operating a motor 12

vehicle under the influence of a drug or alcohol, shall be 13

considered to be a punishment provided by that law. Any 14

limitation on the right or privilege to operate a motor vehi-15

cle imposed under this subsection shall apply only to the 16

special maritime and territorial jurisdiction of the United 17

States. 18

‘‘(2)(A) In addition to any term of imprisonment pro-19

vided for operating a motor vehicle under the influence 20

of a drug or alcohol imposed under the law of a State, 21

the punishment for such an offense under this section 22

shall include an additional term of imprisonment of not 23

more than 1 year, or if serious bodily injury of a minor 24

is caused, not more than 5 years, or if death of a minor 25

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is caused, not more than 10 years, and an additional fine 1

under this title, or both, if— 2

‘‘(i) a minor (other than the offender) was 3

present in the motor vehicle when the offense was 4

committed; and 5

‘‘(ii) the law of the State in which the offense 6

occurred does not provide an additional term of im-7

prisonment under the circumstances described in 8

clause (i). 9

‘‘(B) For the purposes of subparagraph (A), the term 10

‘minor’ means a person less than 18 years of age. 11

‘‘(c) Whenever any waters of the territorial sea of the 12

United States lie outside the territory of any State, such 13

waters (including the airspace above and the seabed and 14

subsoil below, and artificial islands and fixed structures 15

erected thereon) shall be deemed, for purposes of sub-16

section (a), to lie within the area of the State that it would 17

lie within if the boundaries of such State, Commonwealth, 18

territory, possession, or district were extended seaward to 19

the outer limit of the territorial sea of the United States. 20

‘‘SUBCHAPTER F—OTHER GENERAL 21

PROVISIONS 22

‘‘Sec.

‘‘21. Non-preemption.

‘‘22. Extraterritorial jurisdiction over derivative offenses.

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‘‘§ 21. Non-preemption 1

‘‘The existence of a Federal criminal offense does not 2

preclude the application of a State or local law to the con-3

duct proscribed by the offense, unless the law specifically 4

so provides or the State or local law requires conduct con-5

stituting the Federal criminal offense. 6

‘‘§ 22. Extraterritorial jurisdiction over derivative of-7

fenses 8

‘‘If extraterritorial jurisdiction exists for an offense 9

defined by a provision of law, then extraterritorial jurisdic-10

tion also exists for any offense arising under subchapter 11

B as a result of conduct with respect the offense so de-12

fined.’’. 13

SEC. 3. CONFORMING AMENDMENTS TO ELIMINATE REP-14

ETITION IN THE DEFINITION OF ‘‘STATE’’. 15

Title 18, United States Code, is amended— 16

(1) in section 31(a), by striking paragraph (9); 17

(2) in section 37(c), by striking ‘‘, and the 18

term’’ and all that follows through the end of the 19

subsection and inserting a period; 20

(3) in section 207(j)(7)(C)— 21

(A) by inserting ‘‘or’’ at the end of clause 22

(v); 23

(B) by striking ‘‘; and’’ at the end of 24

clause (vi) and inserting a period; and 25

(C) by striking clause (vii); 26

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(4) in section 224(b), by striking ‘‘, territory, 1

Commonwealth, or possession’’ each place it ap-2

pears; 3

(5) in section 228(f)— 4

(A) by inserting ‘‘; and’’ at the end of 5

paragraph (1); and 6

(B) by striking paragraph (2); 7

(6) in section 232, by striking paragraph (8); 8

(7) in section 242, by striking ‘‘, Territory, 9

Commonwealth, Possession, or District’’; 10

(8) in section 245, by striking subsection (d); 11

(9) in section 248(e), by striking paragraph (6). 12

(10) in section 249(c)— 13

(A) by inserting ‘‘and’’ at the end of para-14

graph (3); 15

(B) by striking ‘‘; and’’ at the end of para-16

graph (4) and inserting a period; and 17

(C) by striking paragraph (5); 18

(11) in section 372, by striking ‘‘, Territory, 19

Possession, or District’’; 20

(12) in section 402, by striking the last para-21

graph; 22

(13) in section 491, by striking ‘‘, Common-23

wealth of Puerto Rico, territory, possession, or the 24

District of Columbia’’; 25

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(14) in section 513(c)— 1

(A) by inserting ‘‘and’’ at the end of para-2

graph (3)(E); 3

(B) by striking ‘‘; and’’ at the end of para-4

graph (4) and inserting a period; and 5

(C) by striking paragraph (5); 6

(15) in section 521(a), by striking ‘‘ ‘State’ 7

means’’ and all that follows through ‘‘United 8

States.’’; 9

(16) in section 595— 10

(A) in the heading for that section, by 11

striking ‘‘, State, or Territorial’’ and in-12

serting ‘‘or State’’; and 13

(B) by striking ‘‘, Territory, or Possession 14

of the United States’’ each other place it ap-15

pears; 16

(17) in the item relating to section 595 in the 17

table of sections at the beginning of chapter 29, by 18

striking ‘‘, State, or Territorial’’ and inserting ‘‘or 19

State’’; 20

(18) in section 601(b)— 21

(A) by inserting ‘‘and’’ at the end of para-22

graph (1); 23

(B) by striking ‘‘; and’’ at the end of para-24

graph (2) and inserting a period; and 25

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(C) by striking paragraph (3); 1

(19) in section 666— 2

(A) by inserting ‘‘and’’ at the end of para-3

graph (3); and 4

(B) by striking paragraph (4); 5

(20) in section 793(h)(1), by striking the last 6

sentence; 7

(21) in section 794(d)(1), by striking the last 8

sentence; 9

(22) in section 798(d), by striking paragraph 10

(5); 11

(23) in section 831(f)(7), by striking ‘‘, State,’’ 12

and all that follows through ‘‘of the United States’’; 13

(24) in section 836, by striking the penultimate 14

paragraph; 15

(25) in section 841, by striking the last sen-16

tence of paragraph (b); 17

(26) in section 891, by striking paragraph (8); 18

(27) in section 921(a), by striking the last sen-19

tence of paragraph (2); 20

(28) in the last sentence of section 1014, by 21

striking ‘‘of the United States’’ and all that follows 22

through the end of that sentence, and inserting a pe-23

riod; 24

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(29) in section 1020, by striking ‘‘or Terri-1

tory’’; 2

(30) in section 1028(d)— 3

(A) by inserting ‘‘and’’ at the end of para-4

graph (10); and 5

(B) by striking paragraph (11); 6

(31) in section 1029(f), by striking the last sen-7

tence; 8

(32) in section 1030(e), by striking paragraph 9

(3); 10

(33) in section 1033— 11

(A) by inserting ‘‘and’’ at the end of para-12

graph (2); 13

(B) by striking ‘‘; and’’ at the end of para-14

graph (3) and inserting a period; and 15

(C) by striking paragraph (4); 16

(34) in section 1073, by striking the last sen-17

tence of the first paragraph; 18

(35) in section 1074(b)— 19

(A) by striking ‘‘, Territory, Common-20

wealth, or possession of the United States’’; 21

and 22

(B) by striking ‘‘they would’’ and inserting 23

‘‘it would’’; 24

(36) in section 1084, by striking subsection (e); 25

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(37) in section 1121, by striking subsection (c); 1

(38) in section 1162— 2

(A) by striking ‘‘or Territories’’; and 3

(B) by striking ‘‘or Territory’’ each place 4

it appears; 5

(39) in section 1202, by striking subsection (c); 6

(40) in section 1262, by striking ‘‘, Territory, 7

District, or Possession’’ each place it appears; 8

(41) in section 1265, by striking ‘‘, Territory, 9

District or Possession’’; 10

(42) in section 1307(c), by striking ‘‘(1) 11

‘State’ ’’ and all that follows through ‘‘and (2)’’; 12

(43) in section 1511(b), by striking paragraph 13

(3); 14

(44) in section 1541, by striking the last para-15

graph; 16

(45) in section 1546(c), by striking the last sen-17

tence; 18

(46) in section 1715, by striking ‘‘, Territory, 19

Commonwealth, Possession, or District’’ each place 20

it appears; 21

(47) in section 1716, by striking subsection (k); 22

(48) in section 1716E, by striking subsection 23

(i); 24

(49) in section 1761, by striking subsection (e); 25

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(50) in section 1838, by striking ‘‘, State,’’ and 1

all that follows through ‘‘territory’’ and inserting ‘‘or 2

State’’; 3

(51) in section 1951(b)(3)— 4

(A) by striking ‘‘any Territory or Posses-5

sion of the United States’’ and inserting ‘‘any 6

territory or possession of the United States’’; 7

and 8

(B) by striking ‘‘, Territory, Possession, or 9

the District of Columbia’’; 10

(52) in section 1952(b)— 11

(A) by striking ‘‘(i)’’; and 12

(B) by striking ‘‘and (ii) the term’’ and all 13

that follows through ‘‘possession of the United 14

States’’; 15

(53) in section 1953(c), by striking ‘‘, Common-16

wealth of Puerto Rico, territory, possession, or the 17

District of Columbia’’; 18

(54) in section 1953(d)— 19

(A) by inserting ‘‘and’’ at the end of para-20

graph (4)(B); 21

(B) by striking ‘‘; and’’ at the end of para-22

graph (5) and inserting a period; and 23

(C) by striking paragraph (6); 24

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(55) in section 1955(b), by striking paragraph 1

(6); 2

(56) in section 1956(c)— 3

(A) by inserting ‘‘and’’ at the end of para-4

graph (7)(F); and 5

(B) by striking paragraph (8); 6

(57) in section 1958(b)— 7

(A) by inserting ‘‘and’’ at the end of para-8

graph (1); 9

(B) by striking ‘‘; and’’ at the end of para-10

graph (2) and inserting a period; and 11

(C) by striking paragraph (3); 12

(58) in section 1960(b)— 13

(A) by inserting ‘‘and’’ at the end of para-14

graph (1)(C); 15

(B) by striking ‘‘; and’’ at the end of para-16

graph (2) and inserting a period; and 17

(C) by striking paragraph (3); 18

(59) in section 1992(d), by striking paragraph 19

(14); 20

(60) in section 2246— 21

(A) by inserting ‘‘and’’ at the end of para-22

graph (4); 23

(B) by striking ‘‘; and’’ at the end of para-24

graph (5) and inserting a period; and 25

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(C) by striking paragraph (6); 1

(61) in section 2265A(b)— 2

(A) by striking ‘‘; and’’ at the end of para-3

graph (1)(B); and 4

(B) by striking paragraph (2); 5

(62) in section 2266, by striking paragraph (8); 6

(63) in section 2281(c), by striking ‘‘, and the 7

term ‘State’ ’’ and all that follows through the end 8

of subsection (c), and inserting a period; 9

(64) in section 2293(b), by striking paragraph 10

(2); 11

(65) in section 2313— 12

(A) by striking ‘‘(a)’’; and 13

(B) by striking subsection (b); 14

(66) in section 2315, by striking the penul-15

timate paragraph; 16

(67) in section 2341, by striking paragraph (4); 17

(68) in section 2384, by striking ‘‘or Terri-18

tory’’; 19

(69) in section 2385, by striking ‘‘, Territory, 20

District or Possession thereof,’’; 21

(70) in section 2386(B)(2)(c), by striking ‘‘, 22

Territory, District, or possession of the United 23

States’’; 24

(71) in section 2426(b)— 25

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(A) by striking ‘‘; and’’ at the end of para-1

graph (1)(B); and 2

(B) by striking paragraph (2); 3

(72) in section 2510, by striking paragraph (3); 4

(73) in section 3077, by striking paragraph (5); 5

(74) in section 3127— 6

(A) by inserting ‘‘and’’ at the end of para-7

graph (4); 8

(B) by striking ‘‘; and’’ at the end of para-9

graph (5), and inserting a period; and 10

(C) by striking paragraph (6); 11

(75) in section 3156— 12

(A) by inserting ‘‘and’’ at the end of para-13

graph (3); 14

(B) by striking ‘‘; and’’ at the end of para-15

graph (4)(C), and inserting a period; and 16

(C) by striking paragraph (5); 17

(76) in section 3182— 18

(A) by striking ‘‘State or Territory’’ each 19

place it appears, including in the section head-20

ing, and inserting ‘‘State’’; and 21

(B) by striking ‘‘State, District, or Terri-22

tory’’ each place it appears, including in the 23

section heading, and inserting ‘‘State’’; 24

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(77) in the item relating to section 3182 in the 1

table of sections for chapter 209— 2

(A) by striking ‘‘State or Territory’’ each 3

place it appears and inserting ‘‘State’’; and 4

(B) by striking ‘‘State, District, or Terri-5

tory’’ each place it appears and inserting 6

‘‘State’’; 7

(78) in section 3183— 8

(A) by striking ‘‘, Territory, or Pos-9

session’’ in the heading; and 10

(B) by striking ‘‘, Territory, District, or 11

possession of the United States’’; 12

(79) in the item relating to section 3183 in the 13

table of sections for chapter 209, by striking ‘‘, Ter-14

ritory, or Possession’’; 15

(80) in section 3194, by striking ‘‘or Terri-16

tory’’; 17

(81) in section 3481, by striking ‘‘, District, 18

Possession or Territory’’; 19

(82) by striking section 3528 and the item re-20

lating to that section in the table of sections at the 21

beginning of chapter 224; 22

(83) in section 3559(c)(2)— 23

(A) by inserting ‘‘and’’ at the end of sub-24

paragraph (F)(ii); and 25

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(B) by striking subparagraph (G); 1

(84) in section 3559(e)(2)— 2

(A) by inserting ‘‘and’’ at the end of sub-3

paragraph (C); 4

(B) by striking ‘‘; and’’ at the end of sub-5

paragraph (D), and inserting a period; and 6

(C) by striking subparagraph (E); 7

(85) in section 3563(b)(20), by striking ‘‘, the 8

District of Columbia, or any other possession or ter-9

ritory of the United States,’’; 10

(86) in section 4002, by striking ‘‘, Territory,’’; 11

(87) in section 4003— 12

(A) by striking ‘‘or Territory,’’; and 13

(B) by striking ‘‘, Territory,’’; 14

(88) in section 4013(b), by striking ‘‘, terri-15

tory,’’; 16

(89) in section 4101, by striking paragraph (j); 17

(90) in section 5003— 18

(A) in subsection (a), by striking ‘‘or terri-19

tory’’ each place it appears; and 20

(B) by striking subsection (d); and 21

(91) in section 5032, by striking the second 22

sentence in the second paragraph. 23

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SEC. 4. CONFORMING AMENDMENTS TO ELIMINATE REP-1

ETITIOUS DEFINITIONS OF ‘‘SERIOUS BODILY 2

INJURY’’. 3

Title 18, United States Code, is amended— 4

(1) in section 37(a), by striking ‘‘(as defined in 5

section 1365 of this title)’’; 6

(2) in section 38(b)(2), by striking ‘‘(as defined 7

in section 1365)’’; 8

(3) in section 48(a)(1)— 9

(A) by striking ‘‘(as defined in section 10

1365 and including’’ and inserting ‘‘or’’; and 11

(B) by striking the close parenthesis; 12

(4) in section 113(b), by striking paragraph 13

(2); 14

(5) in section 115(b)(1)(iv)— 15

(A) by striking ‘‘(as that term is defined in 16

section 1365 of this title, and including’’ and 17

inserting ‘‘or’’; and 18

(B) by striking the close parenthesis and 19

inserting a comma; 20

(6) in section 249(c)(1), by striking ‘‘section 21

1365(h)(4) of this title’’ and inserting ‘‘section 1’’; 22

(7) in section 1111(c)— 23

(A) by inserting ‘‘and’’ at the end of para-24

graph (4); and 25

(B) by striking paragraph (5); 26

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(8) in section 1347(a), by striking ‘‘(as defined 1

in section 1365 of this title)’’; 2

(9) in section 1365(h)— 3

(A) by inserting ‘‘and’’ at the end of para-4

graph (1); 5

(B) by striking the semicolon at the end of 6

paragraph (2) and inserting a period; and 7

(C) by striking paragraphs (3) and (4); 8

(10) in section 1841, by striking ‘‘(as defined in 9

section 1365)’’; 10

(11) in section 1992(d), by striking paragraph 11

(12); 12

(12) in subparagraph (2) of the third undesig-13

nated paragraph of section 2119— 14

(A) by striking ‘‘(as defined in section 15

1365 of this title, including’’ and inserting 16

‘‘or’’; and 17

(B) by striking the close parenthesis; 18

(13) in section 2199(2)— 19

(A) by striking ‘‘occurs (as defined under 20

section 1365, including’’; and 21

(B) by striking the close parenthesis and 22

inserting ‘‘occurs’’; 23

(14) in section 2237(b)(3), by striking ‘‘(as de-24

fined in section 1365)’’; 25

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(15) in section 2291(a)(7), by striking ‘‘, as de-1

fined in section 1365(h)(3)’’; 2

(16) in section 2332b(g), by striking paragraph 3

(3); 4

(17) in section 2332f(e), by striking paragraph 5

(1); 6

(18) in section 2339C(e), by striking paragraph 7

( 11); 8

(19) in section 2339D(c), by striking paragraph 9

(2); and 10

(20) in section 3559, in each of subsections 11

(c)(3)(A)(ii) and (f)(3), by striking ‘‘(as defined in 12

section 1365)’’. 13

SEC. 5. ELIMINATION OF OUTMODED REFERENCES TO THE 14

CANAL ZONE. 15

Title 18, United States Code, is amended— 16

(1) in section 702, by striking ‘‘or in the Canal 17

Zone’’; 18

(2) in section 841(b), by striking ‘‘(not includ-19

ing the Canal Zone) each place it appears’’; and 20

(3) in section 921(a)(2), by striking ‘‘(not in-21

cluding the Canal Zone) each place it appears’’. 22

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Page 34: TH ST CONGRESS SESSION H. R. 4002 · 12 petent authorities take over the responsibility 13 for the vehicle and for persons and property 14 aboard. 15 ‘‘(G) Any place outside the

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SEC. 6. INVENTORY AND INDEX OF FEDERAL CRIMINAL OF-1

FENSES. 2

(a) IN GENERAL.—Chapter 31 of title 28, United 3

States Code, is amended by adding at the end the fol-4

lowing: 5

‘‘§ 530E. Inventory and index of Federal criminal of-6

fenses 7

‘‘The Attorney General shall— 8

‘‘(1) develop, maintain, and keep up to date a 9

current inventory and current subject matter index 10

of all Federal criminal offenses, including violations 11

of agency rules or regulations that by Federal stat-12

ute constitute or define Federal criminal offenses; 13

‘‘(2) design the inventory and index to which 14

paragraph (1) refers to include the text of all Fed-15

eral criminal offenses to which paragraph (1) refers 16

and otherwise to maximize its usefulness to members 17

of the public seeking to ensure their compliance with 18

Federal criminal statutes and attorneys advising 19

members of the public with respect to such compli-20

ance; and 21

‘‘(3) beginning not later than one year after the 22

date of enactment of this section, make available to 23

the public at no charge, through the Internet and by 24

such other means as the Attorney General deter-25

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35

•HR 4002 IH

mines appropriate, the inventory and index to which 1

paragraph (1) refers.’’. 2

(b) CLERICAL AMENDMENT.—The table of sections 3

at the beginning of chapter 31 of title 28, United States 4

Code, is amended by adding at the end the following new 5

item: 6

‘‘530E. Inventory and index of Federal criminal offenses.’’.

Æ

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