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8000 - Miscellaneous Statutes and Regulations
§ 1306. Participation by financial institutions.
Whoever knowingly violates section 5136A of the Revised Statutes of
the United States, section 9A of the Federal Reserve Act, or
section 20 of the Federal
Deposit Insurance Act shall be fined under this title or imprisoned not
more than one year, or both.
[Codified to 18 U.S.C. 1306]
[Source: Section 1306 added by section 5(a) of the Act of December
15, 1967 (Pub. L. No. 90--203; 81 Stat. 611), effective April 1, 1968,
as amended by section 962(b) of title IX of the Act of August 9, 1989
(Pub. L. No. 101--73; 103 Stat. 502), effective August 9, 1989; section
330016(1)(H) of title XXXIII of the Act of September 13, 1994 (Pub. L.
No. 103--322; 108 Stat. 2147), effective September 13, 1994]
]
§ 1341. Frauds and swindles.
Whoever, having devised or intending to devise any scheme or
artifice to defraud, or for obtaining money or property by means of
false or fraudulent pretenses, representations, or promises, or to
sell, dispose of, loan, exchange, alter, give away, distribute, supply,
or furnish or procure for unlawful use any counterfeit or spurious
coin, obligation, security, or other article, or anything represented
to be or intimated or held out to be such counterfeit or spurious
article, for the purpose of executing such scheme or artifice or
attempting so to do, places in any post office or authorized depository
for mail matter, any matter or thing whatever to be sent or delivered
by the Postal Service, or deposits or causes to be deposited any matter
or thing whatever to be sent or delivered by any private or commercial
interstate carrier, or takes or receives therefrom, any such matter or
thing, or knowingly causes to be delivered by mail or such carrier
according to the direction thereon, or at the place at which it is
directed to be delivered by the person to whom it is addressed, any
such matter or thing, shall be fined under this title or imprisoned not
more than 20 years, or both. If the violation occurs in relation to, or
involving any benefit authorized, transported, transmitted,
transferred, disbursed, or paid in connection with, a presidentially
declared major disaster or emergency (as those terms are defined in
section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)), or affects a financial institution,
such person shall be fined not more than $1,000,000 or imprisoned not
more than 30 years, or both.
{{2-29-08 p.8298}}
[Codified to 18 U.S.C. 1341]
[Source: Section 1[1341] of the Act of June 25, 1948
(Pub. L. No. 772; 62 Stat. 763), effective September 1, 1948, as
amended by section 34 of the Act of May 24, 1949 (Pub. L. No. 72; 63
Stat. 94), effective May 24, 1949, section 6(j)(11) of the Act of
August 12, 1970 (Pub. L. No. 91--375; 84 Stat. 778), effective July 1,
1971; section 961(i) of title IX of the Act of August 9, 1989 (Pub. L.
No. 101--73; 103 Stat. 500), effective August 9, 1989; section 2504(h)
of title XXV of the Act of November 29, 1990 (Pub. L. No. 101--647; 104
Stat. 4861), effective November 29, 1990; sections 250006, and
330016(1)(H) of titles XXV and XXXIII of the Act of September 13, 1994
(Pub. L. No. 103-322; 108 Stat. 2087 and 2147, respectively), effective
September 13, 1994; section 903(a) of title IX of the Act of July 30,
2002 (Pub. L. No. 107--204; 116 Stat. 805), effective July 30, 2002;
section 4 of the Act of January 7, 2008 (Pub. L. No. 110--179; 121
Stat. 2551), effective January 7, 2008]
§ 1343. Fraud by wire, radio, or television
Whoever, having devised or intending to devise any scheme or
artifice to defraud, or for obtaining money or property by means of
false or fraudulent pretenses, representations, or promises, transmits
or causes to be transmitted by means of wire, radio, or television
communication in interstate or foreign commerce, any writings, signs,
signals, pictures, or sounds for the purpose of executing such
scheme or artifice, shall be fined under this title or imprisoned
not more than 20 years, or both. If the violation occurs in relation
to, or involving any benefit authorized, transported, transmitted,
transferred, disbursed, or paid in connection with, a presidentially
declared major disaster or emergency (as those terms are defined in
section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)), or affects a financial institution,
such person shall be fined not more than $1,000,000 or imprisoned not
more than 30 years, or both.
[Codified to 18 U.S.C. 1343]
[Source: Section 1343 added by the Act of July 16, 1952
(Pub. L. No. 555; 66 Stat. 722), effective July 16, 1952; as amended by
the Act of July 11, 1956 (Pub. L. No. 688; 70 Stat. 523), effective
July 11, 1956; section 961(j) of title IX of the Act of August 9, 1989
(Pub. L. No. 101--73; 103 Stat. 500), effective August 9, 1989; section
2504(i) of title XXV of the Act of November 29, 1990 (Pub. L. No.
101--647; 104 Stat. 4861), effective November 29, 1990; section
330016(1)(H) of title XXXIII of the Act of September 13, 1994 (Pub. L.
No. 103--322; 108 Stat. 2147), effective September 17, 1994; section
903(b) of title IX of the Act of July 30, 2002 (Pub. L. No. 107--204;
116 Stat. 805), effective July 30, 2002; section 3 of the Act of
January 7, 2008 (Pub. L. No. 110--179; 121 Stat. 2557), effective
January 7, 2008]
§ 1344. Bank fraud.
Whoever knowingly executes, or attempts to execute, a scheme or
artifice--
(1) to defraud a financial institution; or
(2) to obtain any of the moneys, funds, credits, assets,
securities or other property owned by, or under the custody or control
of, a financial institution, by means of false or fraudulent pretenses,
representations, or promises;
shall be fined not more than $1,000,000 or imprisoned not more than
30 years, or both.
[Codified to 18 U.S.C. 1344]
[Source: Section 1344 added by section 1108(a) of title
II of the Act of October 12, 1984 (Pub. L. No. 98--473, 98 Stat. 2147),
effective October 12, 1984, as amended by section 961(k) of title IX of
the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 500),
effective August 9, 1989; section 2504(j) of title XXV of the Act of
November 29, 1990 (Pub. L. No. 101--647; 104 Stat. 4861), effective
November 29, 1990]
§ 1517. Obstructing examination of financial institution.
Whoever corruptly obstructs or attempts to obstruct any examination
of a financial institution by an agency of the United States with
jurisdiction to conduct an examination of such financial institution
shall be fined under this title, imprisoned not more than 5 years, or
both.
{{10-31-08 p.8299}}
[Codified to 18 U.S.C. 1517]
[Source: Section 1517 added by section 2503(a) of title
XXV of the Act of November 29, 1990 (Pub. L. No. 101--647; 104 Stat.
4861), effective November 29,
1990]
§ 1905. Disclosure of confidential information generally.
Whoever, being an officer or employee of the United States or of any
department or agency thereof, any person acting on behalf of the
Federal Housing Finance Agency, or agent of the U.S.C. 1311--1314), or
being an employee of a private sector organization who is or was
assigned to an agency under chapter 37 of title 5, publishes, divulges,
discloses, 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
by, or return, report or record made to or filed with, such department
or agency or officer or employee thereof, which information concerns or
relates to the trade secrets, processes, operations, style of work, or
apparatus, or to the identity, confidential statistical data, amount or
source of any income, profits, losses, or expenditures of any person,
firm, partnership, corporation, or association; 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 law; shall be fined under this title, or imprisoned not
more than one year, or both; and shall be removed from office or
employment.
[Codified to 18 U.S.C. 1905]
[Source: Section 1[1905] of the Act of June 25, 1948 (Pub. L.
No. 772; 62 Stat. 791), effective September 1, 1948; as amended by
section 601(a)(8) of title VI of the Act of October 11, 1996 (Pub. L.
No. 104-294; 110 Stat. 3498), effective October 11, 1996; section
209(d)(2) of the Act of November 27, 2002 (Pub. L. No. 107--347; 116
Stat. 2930), effective November 27, 2002; section 1161(d) of title I of
the Act of July 30, 2008 (Pub. L. No. 110--289; 122 Stat. 2780),
effective July 30, 2008]
§ 1906. Disclosure of information from a bank examination
report.
Whoever, being an examiner, public or private, or a Government
Accountability Office employee with access to bank examination report
information under section 714 of title 31, discloses the names of
borrowers or the collateral for loans of any member bank of the Federal
Reserve System, any bank insured by the Federal Deposit Insurance
Corporation, any branch or agency of a foreign bank (as such terms are
defined in paragraphs (1) and (3) of section 1(b) of the International
Banking Act of 1978), or any organization operating under section 25 or
section 25(a) of the Federal Reserve Act, examined by him or subject to
Government Accountability Office audit under section 714 of title 31 to
other than the proper officers of such bank, branch, agency, or
organization, without first having obtained the express permission in
writing from the Comptroller of the Currency as to a national bank, or
a Federal branch or Federal agency (as such terms are defined in
paragraphs (5) and (6) of section
1(b) of the International Banking Act of 1978), the Board of
Governors of the Federal Reserve System as to a State member bank, an
uninsured State branch or State agency (as such terms are defined in
paragraphs (11) and (12) of section 1(b) of the International Banking
Act of 1978), or an organization operating under section 25 or section
25(a) of the Federal Reserve Act, or the Federal Deposit Insurance
Corporation as to any other insured bank, including any insured branch
(as defined in section 3(s) of
the Federal Deposit Insurance Act), or from the board of directors of
such bank or organization except when ordered to do so by a court of
competent jurisdiction, or by direction of the Congress of the United
States, or either House thereof, or any committee of Congress or either
House duly authorized or as authorized by section 714 of title 31 shall
be fined under this title or imprisoned not more than one year or both.
[Codified to 18 U.S.C. 1906]
{{10-31-08 p.8300}}
[Source: Section 1[1906] of the Act of June 25, 1948 (Pub. L.
No. 772; 62 Stat. 791), effective September 1, 1948; section 3 of the
Act of July 21, 1878 (Pub. L. No. 95--320; 92 Stat. 393), effective
July 21, 1978; section 3(e) of the Act of September 13, 1982 (Pub. L.
No. 97--258, 96 Stat. 1064), effective September 13, 1982; section
2597(k) of title XXV of the Act of November 29, 1990 (Pub. L. No.
101--647; 104 Stat. 4911), effective November 29, 1990; section
330016(1)(K) of title XXXIII of the Act of September 13, 1994 (Pub. L.
No. 103--322; 108 Stat. 2147), effective September 13, 1994; section
8(b) of the Act of July 7, 2004 (Pub. L. No. 108--171; 118 Stat. 814),
effective July 7, 2004]
§ 1909. Examiner performing other services.
Whoever, being a national-bank examiner, Federal Deposit Insurance
Corporation examiner, or farm credit examiner, performs any other
service, for compensation, for any bank or banking or loan association,
or for any officer, director, or employee thereof, or for any
person connected therewith in any capacity, shall be fined
under this title or imprisoned not more than one year, or both.
[Codified to 18 U.S.C. 1909]
[Source: Section 1[1909] of the Act of June 25, 1948
(Pub. L. No. 772; 62 Stat. 792), effective September 1, 1948; as
amended by sections 330004(12), and 330016(1)(K) of title XXXIII of the
Act of September 13, 1994 (Pub. L. No. 103--322; 108 Stat. 2142, and
2147, respectively), effective September 13, 1994]
{{6-30-06 p.8301}}
§ 1956. Laundering of monetary instruments
(a)(1) Whoever, knowing that the property involved in a financial
transaction represents the proceeds of some form of unlawful activity,
conducts or attempts to conduct such a financial transaction which in
fact involves the proceeds of specified unlawful activity--
(A)(i) with the intent to promote the carrying on of specified
unlawful activity; or
(ii) with intent to engage in conduct constituting a violation of
section 7201 or 7206 of the Internal Revenue Code of 1986; or
(B) knowing that the transaction is designed in whole or part--
(i) to conceal or disguise the nature, the location, the source,
the ownership, or the control of the proceeds of specified unlawful
activity; or
(ii) to avoid a transaction reporting requirement under State or
Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the
value of the property involved in the transaction, whichever is
greater, or imprisonment for not more than twenty years, or both. For
purposes of this paragraph, 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 transactions, any one of
which involves the proceeds of specified unlawful activity, and all of
which are part of a single plan or arrangement.
(2) Whoever transports, transmits, or transfers 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--
(A) with the intent to promote the carrying on of specified
unlawful activity; or
(B) knowing that the monetary instrument or funds involved in the
transportation, transmission, or transfer represent the proceeds of
some form of unlawful activity and knowing that such transportation,
transmission, or transfer is designed in whole or in part--
(i) to conceal or disguise the nature, the location, the source,
the ownership or the control of the proceeds of specified unlawful
activity; or
(ii) to avoid a transaction reporting requirement under State or
Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the
value of the monetary instrument or funds involved in the
transportation, transmission, or transfer whichever is greater, or
imprisonment for not more than twenty years, or both. For the purpose
of the offense described in subparagraph (B), the defendant's knowledge
may be established by proof that a law enforcement officer represented
the matter specified in subparagraph (B) as true, and the defendant's
subsequent statements or actions indicate that the defendant believed
such representations to be true.
(3) Whoever, with the intent--
(A) to promote the carrying on of specified unlawful activity;
(B) to conceal or disguise the nature, location, source,
ownership, or control of property believed to be the proceeds of
specified unlawful activity; or
(C) to avoid a transaction reporting requirement under State or
Federal law,
conducts or attempts to conduct a financial transaction involving
property represented to be the proceeds or specified unlawful activity,
or property used to conduct or facilitate specified unlawful activity,
shall be fined under this title or imprisoned for not more than 20
years, or both. For purposes of this paragraph and paragraph (2), the
term "represented" means any representation made by a law
enforcement officer or by another person at the direction of, or with
the approval of, a Federal official authorized to investigate or
prosecute violations of this section.
(b) PENALTIES.--
(1) IN GENERAL.--Whoever conducts or attempts to conduct
a transaction described in subsection (a)(1), or (a)(3), or section
1957, or a transportation, transmission, or transfer described in
subsection (a)(2), is liable to the United States for a civil penalty
of not more than the greater of--
(A) the value of the property, funds, or monetary instruments
involved in the transaction; or
(B) $10,000.
{{6-30-06 p.8302}}
(2) JURISDICTION OVER FOREIGN PERSONS.--For purposes of
adjudicating an action filed or enforcing a penalty ordered under this
section, the district courts shall have jurisdiction over any foreign
person, including any financial institution authorized under the laws
of a foreign country, against whom the action is brought, 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 found, and--
(A) the foreign person commits an offense under subsection (a)
involving a financial transaction that occurs in whole or in part in
the United States;
(B) the foreign person converts, to his or her own use, 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 States; or
(C) the foreign person is a financial institution that maintains
a bank account at a financial institution in the United States; or
(3) 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 section.
(4) FEDERAL RECEIVER.--
(A) IN GENERAL.--A court may appoint a Federal Receiver,
in accordance with subparagraph (B) of this paragraph, to collect,
marshal, and take custody, control, and possession of all assets of the
defendant, wherever located, to satisfy a civil judgment under this
subsection, a forfeiture judgment under section 981 or 982, or a
criminal sentence under section 1957 or subsection (a) of this section,
including an order of restitution to any victim of a specified unlawful
activity.
(B) APPOINTMENT AND AUTHORITY.--A Federal Receiver
described in subparagraph (A)--
(i) may be appointed upon application of a Federal prosecutor or
a Federal or State regulator, by the court having jurisdiction over the
defendant in the case;
(ii) shall be an officer of the court, and the powers of the
Federal Receiver shall include the powers set out in section 754 of
title 28, United States Code; and
(iii) 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--
(I) from the Financial Crimes Enforcement Network of the
Department of the Treasury; or
(II) from a foreign country pursuant to a mutual legal assistance
treaty, multilateral agreement, or other arrangement for international
law enforcement assistance, provided that such requests are in
accordance with the policies and procedures of the Attorney General.
(c) As used in this section--
(1) 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 form, though not necessarily
which form, of activity that constitutes a felony under State, Federal
or foreign law, regardless of whether or not such activity is specified
in paragraph (7);
(2) the term "conducts" includes initiating, concluding, or
participating in initiating, or concluding a transaction;
(3) the term "transaction" includes a purchase, sale, loan,
pledge, gift, transfer, delivery, or other disposition, and with
respect to a financial institution includes a deposit, withdrawal,
transfer between accounts, exchange of currency, loan, extension of
credit, purchase or sale of any stock, bond, certificate of deposit, or
other monetary instrument, use of a safe deposit box, or any other
payment, transfer, or delivery by, through, or to a financial
institution, by whatever means effected;
(4) the term "financial transaction" means
(A) a transaction which in any way or degree affects interstate
or foreign commerce
{{12-31-08 p.8303}}
(i) involving the movement of funds by wire or other means or
(ii) involving one or more monetary instruments, or
(iii) involving the transfer of title to any real property,
vehicle, vessel, or aircraft,
(B) a transaction involving the use of a financial institution
which is engaged in, or the activities of which affect, interstate or
foreign commerce in any way or degree;
(5) the term "monetary instruments" means (i) coin or
currency of the United States or of any other country, travelers'
checks, personal checks, bank checks, and money orders, or (ii)
investment securities or negotiable instruments, in bearer form or
otherwise in such form that title thereto passes upon delivery;
(6) the term "financial institution" includes--
(A) any financial institution, as defined in section 5312(a)(2)
of title 31, United States Code, or the regulations promulgated
thereunder; and
(B) any foreign bank, as defined in section 1 of the
International Banking Act of 1978 (12 U.S.C. 3101);
(7) the term "specified unlawful activity" means--
(A) any act or activity constituting an offense listed in section
1961(1) of this title except an act which is indictable under
subchapter II of chapter 53 of title 31;
(B) with respect to a financial transaction occurring in whole or
in part in the United States, an offense against a foreign nation
involving--
(i) the manufacture, importation, sale, or distribution of a
controlled substance (as such term is defined for the purposes of the
Controlled Substances Act);
(ii) murder, kidnapping, robbery, extortion, destruction of
property by means of explosive or fire, or a crime of violence (as
defined in section 16);
(iii) fraud, or any scheme or attempt to defraud, by or against a
foreign bank (as defined in paragraph 7 of
section 1(b) of the
International Banking Act of 1978);
(iv) bribery of a public official, or the misappropriation,
theft, or embezzlement of public funds by or for the benefit of a
public official;
(v) smuggling or export control violations involving--
(I) an item controlled on the United States Munitions List
established under section 38 of the Arms Export Control Act (22 U.S.C.
2778); or
(II) an item controlled under regulations under the Export
Administration Regulations (15 C.F.R. Parts 730--774); or
(vi) an offense with respect to which the United States would be
obligated by a multilateral treaty, either to extradite the alleged
offender or to submit the case for prosecution, if the offender were
found within the territory of the United States; or
(vii) trafficking in persons, selling or buying children, sexual
exploitation of children, or transporting, recruiting or harboring a
person, including a child, for commercial sex acts;
(C) any act or acts constituting a continuing criminal
enterprise, as that term is defined in section 408 of the Controlled
Substances Act (21 U.S.C. 848);
(D) an offense under section 32 (relating to the destruction of
aircraft), section 37 (relating to violence at international
airports), section 115 (relating to influencing, impeding, or
retaliating against a Federal official by threatening or injuring a
family member), section 152 (relating to concealment of assets; false
oaths and claims; bribery), section 175C (relating to the variola
virus), section 215 (relating to commissions or gifts for procuring
loans), section 351 (relating to congressional or Cabinet officer
assassination), any of sections 500 through 503 (relating to certain
counterfeiting offenses), section 513 (relating to securities of States
and private entities), section 541 (relating to goods falsely
classified), section 542 (relating to entry of goods by means of false
statements), section 545 (relating to smuggling goods into the United
States), section 549 (relating to removing goods from Customs custody),
section 554 (relating to smuggling goods from the United States),
section 641 (relating to public money, property, or records), section
656 (relating to theft, embezzlement, or misapplication by bank officer
or employee), section 657 (relating to lending, credit, and insurance
institutions), section 658 (relating to property mortgaged or pledged
to farm credit agencies), section 666 (relating to theft or bribery
concerning programs receiving Federal funds), section 793, 794, or 798
(relating to espionage), section 831 (relating to prohibited
transactions involving nuclear materials), section 844(f)
or
{{12-31-08 p.8304}}(i) (relating to
destruction by explosives or fire of Government property or property
affecting interstate or foreign interstate or foreign commerce),
section 875 (relating to interstate communications), section 922(1)
(relating to the unlawful importation of firearms), section 924(n)
(relating to firearms trafficking), section 956 (relating to conspiracy
to kill, kidnap, maim, or injure certain property in a foreign
country), section 1005 (relating to fraudulent bank entries), 1006
(relating to fraudulent Federal credit institution entries), 1007
(relating to Federal Deposit Insurance transactions), 1014 (relating to
fraudulent loan or credit applications), section 1030 (relating to
computer fraud and abuse), 1032 (relating to concealment of assets from
conservator, receiver, or liquidating agent of financial institution),
section 1111 (relating to murder), section 1114 (relating to murder of
United States law enforcement officials), section 1116 (relating to
murder of foreign officials, official guests, or internationally
protected persons), section 1201 (relating to kidnapping), section 1203
(relating to hostage taking), section 1361 (relating to willful injury
of Government property), section 1363 (relating to destruction of
property within the special maritime and territorial jurisdiction),
section 1708 (theft from the mail), section 1751 (relating to
Presidential assassination), section 2113 or 2114 (relating to bank and
postal robbery and theft), section 2252A (relating to child
pornography) where the child pornography contains a visual depiction of
an actual minor engaging in sexually explicit conduct, section 2260
(production of certain child pornography for importation into the
United States), section 2280 (relating to violence against maritime
navigation), section 2281 (relating to violence against maritime fixed
platforms), section 2319 (relating to copyright infringement), section
2320 (relating to trafficking in counterfeit goods and services),
section 2332 (relating to terrorist acts abroad against United States
nationals), section 2332a (relating to use of weapons of mass
destruction), section 2332b (relating to international terrorist acts
transcending national boundaries), section 2332g (relating to missile
systems designed to destroy aircraft), section 2332h (relating to
radiological dispersal devices), or section 2339A or 2339B (relating to
providing material support to terrorists), section 2339C (relating to
financing of terrorism), or section 2339D (relating to receiving
military-type training from a foreign terrorist organization) of this
title, section 46502 of title 49, United States Code, a felony
violation of the Chemical Diversion and Trafficking Act of 1988
(relating to precursor and essential chemicals), section 590 of the
Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation smuggling),
section 422 of the Controlled Substances Act (relating to
transportation of drug paraphernalia), section 38(c) (relating to
criminal violations) of the Arms Export Control Act, section 11
(relating to violations) of the Export Administration Act of 1979,
section 206 (relating to penalties) of the International Emergency
Economic Powers Act, section 16 (relating to offenses and punishment)
of the Trading with the Enemy Act, any felony violation of section 15
of the Food and Nutrition Act of 2008 (relating to food stamp fraud)
involving a quantity of benefits having a value of not less than
$5,000, any violation of section 543(a)(1) of the Housing Act of 1949
(relating to equity skimming), any felony violation of the Foreign
Agents Registration Act of 1938, any felony violation of the Foreign
Corrupt Practices Act, or section 92 of the Atomic Energy Act of 1954
(42 U.S.C. 2122) relating to the prohibitions governing atomic weapons.
ENVIRONMENTAL CRIMES
(E) A felony violation of the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.), the Ocean Dumping Act (33 U.S.C. 1401 et
seq.), the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), or the
Resources Conservation and Recovery Act (42 U.S.C. 6901 et seq.); or
(F) any act or activity constituting an offense involving a
Federal health care offense;
(8) the term "State" includes a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States.
(d) Nothing in this section shall supersede any provision of
Federal, State, or other law imposing criminal penalties or affording
civil remedies in addition to those provided for in this section.
(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and by such components of the Department of the Treasury as the
Secretary of the Treasury may direct, as appropriate,
and,
{{12-31-08 p.8305}}with respect to
offenses over which the Department of Homeland Security has
jurisdiction, by such components of the Department of Homeland Security
as the Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has jurisdiction,
by the Postal Service. Such authority of the Secretary of the Treasury,
the Secretary of Homeland Security, and the Postal Service shall be
exercised in accordance with an agreement which shall be entered into
by the Secretary of the Treasury, the Secretary of Homeland Security,
the Postal Service, and the Attorney General. Violations of this
section involving offenses described in paragraph (c)(7)(E) may be
investigated by such components of the Department of Justice as the
Attorney General may direct, and the National Enforcement
Investigations Center of the Environmental Protection Agency.
(f) There is extraterritorial jurisdiction over the conduct
prohibited by this section if--
(1) the conduct is by a United States citizen or, in the case of
a non-United States citizen, the conduct occurs in part in the United
States; and
(2) the transaction or series of related transactions involves
funds or monetary instruments of a value exceeding $10,000.
(g) NOTICE OF CONVICTION OF FINANCIAL INSTITUTIONS.-- If
any financial institution or any officer, director, or employee of any
financial institution has been found guilty of an offense under this
section, section 1957 or 1960
of this title, or section 5322 or 5324 of title 31, the Attorney
General shall provide written notice of such fact to the appropriate
regulatory agency for the financial institution.
(h) Any person who conspires to commit any offense defined in this
section or section 1957 shall be subject to the same penalties as those
prescribed for the offense the commission of which was the object of
the conspiracy.
(i) VENUE.--(1) Except as provided in paragraph (2), a
prosecution for an offense under this section or section 1957 may be
brought in--
(A) any district in which the financial or monetary transaction
is conducted; or
(B) any district where a prosecution for the underlying specified
unlawful activity could be brought, 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 conducted.
(2) A prosecution for an attempt or conspiracy offense under this
section or section 1957 may be brought in the district where venue
would lie for the completed offense under paragraph (1), or in any
other district where an act in furtherance of the attempt or conspiracy
took place.
(3) For purposes of this section, a transfer of funds from 1
place to another, by wire or any other means, shall constitute a
single, continuing transaction. Any person who conducts (as that term
is defined in subsection (c)(2)) any portion of the transaction may be
charged in any district in which the transaction takes
place.
[Codified to 18 U.S.C. 1956]
[Source: Section 1956 added by section 1352 of subtitle H of title
I of the Act of October 27, 1986 (Pub. L. No. 99--570; 100 Stat.
3702--18), effective October 27, 1986; amended by sections 6183, 6465,
6466, 6469(a) and 6471(a)--(b) of title VI and section 7031 of title
VII of the Act of November 18, 1988 (Pub. L. No. 100--690; 102 Stat.
4354--4398), effective November 18, 1988; sections 105, 106 and 107 of
title I, section 1205(j) of title XII, sections 1402 and 1404 of title
XIV, section 2506 of title XXV, and sections 3557(1) and 3558 of title
XXXV of the Act of November 29, 1990 (Pub. L. No. 101--647; 104 Stat.
4791, 4792, 4831, 4835, 4862, and 4927), effective November 29, 1990;
sections 1504(c), 1524, 1526(a), 1527(a), 1530, 1531, 1534, and 1536,
of title XV of the Act of October 28, 1992 (Pub. L. No. 102--550; 106
Stat. 4055 and 4064--4067), effective October 28, 1992; sections
411(c)(2)(E) and 413(c)(1) of title IV of the Act of September 23, 1994
(Pub. L. No. 103--325; 108 Stat. 2253 and 2254), effective September
23, 1994; sections 726(1) and 726(2) of title VII of the Act of April
24, 1996 (Pub. L. No. 104--132; 110 Stat 1301) effective April 24,
1996; section 246 of title II of the Act of August 21, 1996 (Pub. L.
No. 104--191; 110 Stat. 2018), effective August 21, 1996; sections
601(f) and 604(b)(38) of title VI of the Act of October 11, 1996 (Pub.
L. No. 104-294; 110 Stat. 3499 and 3509), effective October 11, 1996;
section 709(a) of title VII of the Act of December 27, 2000 (Pub. L.
No. 106--569; 114 Stat. 3018), effective December 27, 2000; sections
315, 317,
{{12-31-08 p.8306}}318, 376
and 805(b) of title III of the Act of October 26, 2001 (Pub. L. No.
106--57; 115 Stat. 308--311, 342, 378, and 392 respectively, effective
October 26, 2001; sections 4002(b)(5), 4002(c)(2), 4005(d)(1), and
4005(e) of title IV of the Act of November 2, 2002 (Pub. L. No.
107--273; 116 Stat. 1807, 1809, 1812 and 1813 respectively), effective
November 2, 2002; section 6909 of title VI of the Act of December 17,
2004 (Pub. L. No. 108--458; 118 Stat. 3774), effective December 17,
2004; section 103(b) of title I of the Act of January 10, 2006
(Pub. L. No. 109--164; 119 Stat. 3563), effective January 10, 2006;
section 311(c) of title IV of the Act of March 9, 2006 (Pub. L. No.
109--177; 120 Stat. 244), effective March 9, 2006; sections 403(b) and
(c)(1) of title IV of the Act of March 9, 2006 (Pub. L. No. 109--177;
120 Stat. 243), effective March 9, 2006; section 405 of title IV of the
Act of March 9, 2006 (Pub. L. No. 109--177; 120 Stat. 244), effective
March 9, 2006; section 406(a)(2) of title IV of the Act of March 9,
2006 (Pub. L. No. 109--177; 120 Stat. 244), effective March 9, 2006;
section 409 of title IV of the Act of March 9, 2006 (Pub. L. No.
109--177; 120 Stat.246), effective March 9, 2006; Sections
4002(b)(1)(B), 4002 (b)(2)(M), 4115(c)(1)(A)(i), and 4115(c)(1)(B)(ii)
of title IV of the Act of May 22, 2008 (Pub. L. No. 110--234; 122 Stat.
1109), effective October 1, 2008; section 202 of title II of the Act of
October 8, 2008 (Pub. L. No. 110--358; 122 Stat. 4003), effective
October 8, 2008]
§ 1957. Engaging in monetary transactions in property derived
from specified unlawful activity
(a) Whoever, in any of the circumstances set
forth in subsection (d), knowingly engages or attempts to engage in a
monetary transaction in criminally derived property that is of a value
greater than $10,000 and is derived from specified unlawful activity,
shall be punished as provided in subsection (b).
(b)(1) Except as provided in paragraph (2),
the punishment for an offense under this section is a fine under title
18, United States Code, or imprisonment for not more than ten years, or
both.
(2) The court may impose an alternate fine
to that imposable under paragraph (1) of not more than twice the amount
of the criminally derived property involved in the transaction.
(c) In a prosecution for an offense under this
section, the Government is not required to prove the defendant knew
that the offense from which the criminally derived property was derived
was specified unlawful activity.
(d) The circumstances referred to in subsection (a) are--
(1) that the offense under this section takes place in
the United States or in the special maritime and territorial
jurisdiction of the United States; or
(2) that the offense under this section takes place
outside the United States and such special jurisdiction, but the
defendant is a United States person (as defined in section 3077 of this
title, but excluding the class described in paragraph (2)(D) of such
section).
(e) Violations of this section may be
investigated by such components of the Department of Justice as the
Attorney General may direct, and by such components of the Department
of the Treasury as the Secretary of the Treasury may direct, as
appropriate, and, with respect to offenses over which the Department of
Homeland Security has jurisdiction, by such components of the
Department of Homeland Security as the Secretary of Homeland Security
may direct, and, with respect to offenses over which the United States
Postal Service has jurisdiction by the Postal Service. Such authority
of the Secretary of the Treasury, the Secretary of Homeland Security,
and the Postal Service shall be exercised in accordance with an
agreement which shall be entered into by the Secretary of the Treasury,
the Secretary of Homeland Security, the Postal Service, and the
Attorney General.
(f) As used in this section--
(1) the term "monetary transaction"
means the deposit, withdrawal, transfer, or exchange, in or affecting
interstate or foreign commerce, of funds or a monetary instrument (as
defined in section 1956(c)(5) of this title) by, through, or to a
financial institution (as defined in
section 1956 of this title),
including any transaction that would be a financial transaction under
section 1956(c)(4)(B) of this title, 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 Constitution;
(2) the term "criminally derived property" means
any property constituting, or derived from, proceeds obtained from a
criminal offense; and
{{12-31-08 p.8306.01}}
(3) the term "specified unlawful activity" has
the meaning given that term in section 1956 of this title.
[Codified to 18 U.S.C. 1957]
[Source: Section 1957 added by section 1352 of
subtitle H of title I of the Act of October 27, 1986 (Pub. L. No.
99--570; 100 Stat. 3207--21), effective October 27, 1986; amended by
sections 6182, 6184, 6469(a)(2) of title VI of the Act of November 18,
1988 (Pub. L. No. 100--690; 102 Stat. 4354, 4377); effective November
19, 1988; sections 1526(b) and 1527(b) of title XV of the Act of
October 28, 1992 (Pub. L. No. 102--550; 106 Stat. 4065), effective
October 28, 1992; section 413(c)(2) of title IV of the Act of September
23, 1994 (Pub. L. No. 103--325; 108 Stat. 2255), effective September
23, 1994; section 403(c)(2) of title IV of the Act of March 9, 2006
(Pub. L. No. 109--177; 120 Stat. 243), effective March 9,
2006]
2113. Bank robbery and incidental crimes.
(a) Whoever, by force and violence, or by intimidation, takes, or
attempts to take, from the person or presence of another any property
or money or any other thing of value belonging to, or in the care,
custody, control, management, or possession of, any bank, credit union,
or any savings and loan association; or
{{2-28-03 p.8307}}
Whoever enters or attempts to enter any bank, credit union, or any
savings and loan association, or any building used in whole or in part
as a bank, credit union, or as a savings and loan association, with
intent to commit in such bank, credit union, or in such savings and
loan association, or building, or part thereof, so used, any felony
affecting such bank, credit union, or such savings and loan association
and in violation of any statute of the United States, or any larceny--
Shall be fined not more than $5,000 or imprisoned not more than
twenty years, or both.
(b) Whoever takes and carries away, with intent to steal or
purloin, any property or money or any other thing of value exceeding
$100 belonging to, or in the care, custody, control, management, or
possession of any bank, credit union, or any savings and loan
association, shall be fined not more than $5,000 or imprisoned not more
than ten years, or both; or
Whoever takes and carries away, with intent to steal or purloin, any
property or money or any other thing of value not exceeding $100
belonging to, or in the care, custody, control, management, or
possession of any bank, credit union, or any savings and loan
association, shall be fined under this title or imprisoned not more
than one year, or both.
(c) Whoever receives, possesses, conceals, stores, barters, sells,
or disposes of, any property or money or other thing of value which has
been taken or stolen from a bank, credit union, or savings and loan
association in violation of subsection (b), knowing the same to be
property which has been stolen shall be subject to the punishment
provided in subsection (b) for the taker.
(d) Whoever, in committing, or in attempting to commit, any offense
defined in subsections (a) and (b) of this section, assaults any
person, or puts in jeopardy the life of any person by the use of a
dangerous weapon or device, shall be fined under this title or
imprisoned not more than twenty-five years, or both.
(e) Whoever, in committing any offense defined in this section, or
in avoiding or attempting to avoid apprehension for the commission of
such offense, or in freeing himself or attempting to free himself from
arrest or confinement for such offense, kills any person, or forces any
person to accompany him without the consent of such person, shall be
imprisoned not less than ten years, or if death results shall be
punished by death or life imprisonment.
(f) As used in this section the term "bank" means any member
bank of the Federal Reserve System, and any bank, banking association,
trust company, savings bank, or other banking institution organized or
operating under the laws of the United States, including a branch or
agency of a foreign bank (as such terms are defined in paragraphs (1)
and (3) of section 1(b) of the International Banking Act of 1978), and
any institution the deposits of which are insured by the Federal
Deposit Insurance Corporation.
(g) As used in this section 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 Board,
and any "Federal credit union" as defined in section 2 of the
Federal Credit Union Act. The term "State-chartered credit union"
includes a credit union chartered under the laws of a State of the
United States, the District of Columbia, or any commonwealth,
territory, or possession of the United States.
(h) As used in this section, the term "savings and loan
association" means--
(1) a Federal savings association or State savings association
(as defined in section 3(b) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(b)) having
accounts insured by the Federal Deposit Insurance Corporation; and
(2) a corporation described in section 3(b)(1)(C) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is operating under
the laws of the United States.
[Codified to 18 U.S.C. 2113]
[Source: Section 1[2113] of the Act of June 25, 1948 (Pub. L.
No. 772; 62 Stat. 796), effective September 1, 1948, as amended by the
Act of August 3, 1950 (Pub. L. No. 634; 64 Stat. 394), effective August
3, 1950; the Act of April 8, 1952 (Pub. L. No. 301; 66 Stat. 46),
effective April 8, 1952; section 2 of the Act of September 22, 1959
(Pub. L. No. 86--354; 73 Stat. 639), effective September 22, 1959;
section 8 of the Act of October 19, 1970 (Pub. L. No. 91--468; 84 Stat.
1017) effective October 19, 1970; section 1106 of chapter XI of the Act
of October 12, 1984 (Pub. L. No. 98--473; 98 Stat. 2145),
effective
{{2-28-03 p.8308}}October 12, 1984;
section 962(a)(7) and (d) of the title IX of the Act of August 9, 1989
(Pub. L. No. 101--73; 103 Stat. 502--503), effective August 9, 1989;
and section 2597(l) of title XXV of the Act of November 29, 1990 (Pub.
L. No. 101--647; 104 Stat. 4911), effective November 29, 1990; sections
60003(a)(9), 320608, 330016(1)(K), and (1)(L) of titles VI, XXXII, and
XXXIII of the Act of September 13, 1994 (Pub. L. No. 103--322; 108
Stat. 1969, 2120, and 2147, respectively), effective September 13,
1994; section 330016(1)(L) of title XXXIII of the Act of September 13,
1994 (Pub. L. No. 103--322; 108 Stat. 2147), effective September 13,
1994; section 607(d) of title VI of the Act of October 11, 1996 (Pub.
L. No. 104-294; 110 Stat. 3511), effective October 11, 1996; section
4002(d)(1)(C)(ii) of title IV of the Act of November 2, 2002 (Pub. L.
No. 107--273; 116 Stat. 1809), effective November 2,
2002]
§ 2314. Transportation of stolen goods, securities, moneys,
fraudulent State tax stamps, or articles used in counterfeiting.
Whoever transports, transmits, or transfers in interstate or foreign
commerce any goods, wares, merchandise, securities or money, of the
value of $5,000 or more, knowing the same to have been stolen,
converted or taken by fraud; or
Whoever, having devised or intending to devise any scheme or
artifice to defraud, or for obtaining money or property by means of
false or fraudulent pretenses, representations, or promises, transports
or causes to be transported, or induces any person to travel in, or to
be transported in interstate or foreign commerce in the execution or
concealment of a scheme or artifice to defraud that person of money or
property having a value of $5,000 or more; or
Whoever, with unlawful or fraudulent intent, transports in
interstate or foreign commerce any falsely made, forged, altered, or
counterfeited securities or tax stamps, knowing the same to have been
falsely made, forged, altered, or counterfeited; or
Whoever, with unlawful or fraudulent intent, transports in
interstate or foreign commerce any traveler's check bearing a forged
countersignature; or
Whoever, with unlawful or fraudulent intent, transports in
interstate or foreign commerce, any tool, implement, or thing used or
fitted to be used in falsely making, forging, altering, or
counterfeiting any security or tax stamps, or any part thereof--
Shall be fined under this title or imprisoned not more than ten
years, or both.
This section shall not apply to any falsely made, forged, altered,
counterfeited or spurious representation of an obligation or other
security of the United States, or of an obligation, bond, certificate,
security, treasury note, bill, promise to pay or bank note issued by
any foreign government. This section also shall not apply to any
falsely made, forged, altered, counterfeited, or spurious
representation of any bank note or bill issued by a bank or corporation
of any foreign country which is intended by the laws or usage of such
country to circulate as money.
[Codified to 18 U.S.C. 2314]
[Source: Section 1[2314] of the Act of June 25, 1948 (Pub. L.
No. 772; 62 Stat. 806), effective September 1, 1948, as amended by
section 45 of the Act of May 24, 1949 (Pub. L. No. 72; 63 Stat. 96),
effective May 24, 1949; the Act of July 9, 1956 (Pub. L. No. 661; 70
Stat. 507), effective July 9, 1956; section 2 of the Act of October 4,
1961 (Pub. L. No. 87--371; 75 Stat. 802), effective October 4, 1961;
and the Act of September 28, 1968 (Pub. L. No. 90--535; 82 Stat. 885),
effective September 28, 1968; section 7057(b) of the Act of November
18, 1988 (Pub. L. No. 100--690; 102 Stat. 4402), effective November 18,
1988; section 1208 of title XII of the Act of November 29, 1990 (Pub.
L. No. 101--647; 104 Stat. 4832), effective November 29, 1990; section
330016(1)(L) of title XXXIII of the Act of September 13, 1994 (Pub. L.
No. 103--322; 108 Stat. 2147), effective September 13,
1994]
§ 3056. Powers, authorities, and duties of United States Secret
Service.
(a) Under the direction of the Secretary of Homeland Security, the
United States Secret Service is authorized to protect the following
persons:
(1) The President, the Vice President (or other officer next in
the order of succession to the Office of President), the
President-elect, and the Vice President-elect.
(2) The immediate families of those individuals listed in
paragraph (1).
{{12-31-08 p.8309}}
(3) Former Presidents and their spouses for their
lifetimes, except that protection of a spouse shall terminate in the
event of remarriage unless the former President did not serve as
President prior to January 1, 1997, in which case, former Presidents
and their spouses for a period of not more than ten years from the date
a former President leaves office, except that--
(A) protection of a spouse shall terminate in the event of
remarriage or the divorce from, or death of a former President; and
(B) should the death of a President occur while in office or
within one year after leaving office, the spouse shall receive
protection for one year from the time of such death:
Provided, That the Secretary of Homeland Security shall
have the authority to direct the Secret Service to provide temporary
protection for any of these individuals at any time if the Secretary of
Homeland Security or designee determines that information or conditions
warrant such protection.
(4) Children of a former President who are under 16 years of age
for a period not to exceed ten years or upon the child becoming 16
years of age, whichever comes first.
(5) Visting heads of foreign states or foreign governments.
(6) Other distinguished foreign visitors to the United States and
official representatives of the United States performing special
missions abroad when the President directs that such protection be
provided.
(7) Major Presidential and Vice Presidential
candidates and, within 120 days of the general Presidential election,
the spouses of such candidates. As used in this paragraph, the term
"major Presidential and Vice Presidential candidates" means those
individuals identified as such by the Secretary of Homeland Security
after consultation with an advisory committee consisting of the Speaker
of the House of Representatives, the minority leader of the House of
Representatives, the majority and minority leaders of the Senate, and
one additional member selected by the other members of the committee.
The committee shall not be subject to the Federal Advisory Committee
Act (5 U.S.C. App. 2).
(8) Former Vice Presidents, their spouses, and their children who
are under 16 years of age, for a period of not more than six months
after the date the former Vice President leaves office. The Secretary
of Homeland Security shall have the authority to direct the Secret
Service to provide temporary protection for any of these individuals at
any time thereafter if the Secretary of Homeland Security or designee
determines that information or conditions warrant such protection.
The protection authorized in paragraphs (2) through (8) may be
declined.
(b) Under the direction of the Secretary of Homeland
Security, the Secret Service is authorized to detect and arrest any
person who violates--
(1) section 508, 509, 510, 871, or 879 of this title or,
with respect to the Federal Deposit Insurance Corporation, Federal land
banks, and Federal land bank associations,
section 213, 216, 433,
493,
657,
709,
1006,
1007, 1011, 1013, 1014, 1907,
or 1909 of this title;
(2) any of the laws of the United States relating to coins,
obligations, and securities of the United States and of foreign
governments; or
(3) any of the laws of the United States relating to electronic
fund transfer frauds, access device frauds, false identification
documents or devices, and any fraud or other criminal or unlawful
activity in or against any federally insured financial institution;
except that the authority conferred by this paragraph shall be
exercised subject to the agreement of the Attorney General and the
Secretary of Homeland Security and shall not affect the authority of
any other Federal law enforcement agency with respect to those laws.
(c)(1) Under the direction of the Secretary of Homeland Security,
officers and agents of the Secret Service are authorized to--
(A) execute warrants issued under the laws of the
United States;
(B) carry firearms;
(C) make arrests without warrant for any offense against the
United States committed in their presence, or for any felony cognizable
under the laws of the United States if they have reasonable grounds to
believe that the person to be arrested has committed or is committing
such felony;
(D) offer and pay rewards for services and information leading to
the apprehension of persons involved in the violation or potential
violation of those provisions of law which the Secret Service is
authorized to enforce;
(E) pay expenses for unforeseen emergencies of a
confidential nature under the direction of the Secretary of Homeland
Security and accounted for solely on the Secretary's certificate;
and
{{12-31-08 p.8310}}
(F) perform such other functions and duties as are authorized by
law.
(2) Funds expended from appropriations available to the Secret
Service for the purchase of counterfeits and subsequently recovered
shall be reimbursed to the appropriations available to the Secret
Service at the time of the reimbursement.
(d) Whoever knowingly and willfully obstructs, resists, or
interferes with a federal law enforcement agent engaged in the
performance of the protective functions authorized by this section or
by section 1752 of this title shall be fined not more than $1,000 or
imprisoned not more than one year, or both.
(e) (1) When directed by the President, the United States Secret
Service is authorized to participate, under the direction of the
Secretary of Homeland Security, in the planning, coordination, and
implementation of security operations at special events of national
significance, as determined by the President.
(2) At the end of each fiscal year, the President through such
agency or office as the President may designate, shall report to the
Congress--
(A) what events, if any, were designated special events of
national significance for security purposes under paragraph (1); and
(B) the criteria and information used in making each designation.
(f) Under the direction of the Secretary of Homeland Security, the
Secret Service is authorized, at the request of any State or local law
enforcement agency, or at the request of the National Center for
Missing and Exploited Children, to provide forensic and investigative
assistance in support of any investigation involving missing or
exploited children.
(g) The United States Secret Service shall be maintained as a
distinct entity within the Department of Homeland Security and shall
not be merged with any other Department function. No personnel and
operational elements of the United States Secret Service shall report
to an individual other than the Director of the United States Secret
Service, who shall report directly to the Secretary of Homeland
Security without being required to report through any other official of
the Department.
[Codified to 18 U.S.C. 3056]
[Source: Section 1[3056] of the Act of
June 25, 1948 (Pub. L. No. 772; 62 Stat. 818), effective September 1,
1948, as amended by section 4 of the Act of July 16, 1951 (Pub. L. No.
79; 65 Stat. 122), effective July 16, 1951; section 2 of the Act of
August 31, 1954 (Pub. L. No. 725; 68 Stat. 999), effective August 31,
1954; section 104(h) of title I of the Act of August 18, 1959 (Pub. L.
No. 86--168; 73 Stat. 387), effective December 31, 1959; the Act of
October 10, 1962 (Pub. L. No. 87--791; 76 Stat. 809), effective October
10, 1962; section 3 of the Act of October 15, 1962 (Pub. L. No.
87--829; 76 Stat. 956), effective October 15, 1962; the Act of
September 15, 1965 (Pub. L. No. 89--186; 79 Stat. 791), effective
September 15, 1965; the Act of September 29, 1965 (Pub. L. No. 89--218;
79 Stat. 890), effective September 29, 1965; chapter XI of the Act of
October 21, 1968 (Pub. L. No. 90--608; 82 Stat. 1198), effective
October 21, 1968; section 19 of title V of the Act of January 2, 1971
(Pub. L. No. 91--644; 84 Stat. 1892), effective January 2, 1971;
section 4 of the Act of January 5, 1971 (Pub. L. No. 91--651; 84 Stat.
1941), effective January 5, 1971; section 2 of the Act of September 11,
1976 (Pub. L. No. 94--408; 90 Stat. 1239), effective September 11,
1976; section 3 of the Act of October 12, 1982 (Pub. L. No. 97--297; 96
Stat. 1318), effective October 12, 1982; section 2 of the Act of
October 14, 1982 (Pub. L. No. 97--308; 96 Stat. 1452), effective
October 14, 1982; and section 1 of the Act of October 30, 1984 (Pub. L.
No. 98--587; 98 Stat. 3110--3111), effective October 30, 1984; sections
530(a) and (b) of title V of the Act of September 30, 1994 (Pub. L. No.
103--329; 108 Stat. 2412 and 2413, respectively), effective September
30, 1994; section 605(i) of title VI of the Act of October 11, 1996
(Pub. L. No. 104-294; 110 Stat. 3510), effective October 11, 1996;
section 3 of the Act of December 19, 2000 (Pub. L. No. 106--544; 114
Stat. 2716), effective December 19, 2000; section 506(b) of title III
of the Act of October 26, 2001, (Pub.L. No. 107--56; 115 Stat. 367),
effective October 26, 2001; section 1703(a)(1) of title XVII of the Act
of November 25, 2002 (Pub. L. No. 107--296; 116 Stat. 2313), effective
March 1, 2003; section 322 of title III of the Act of April 30, 2003
(Pub. L. No. 108--21; 117 Stat. 665), effective April 30, 2003;
sections 604, 607, and 608(a) of title VI of the Act of March 9, 2006
(Pub. L. No. 109--177; 120 Stat. 253 and 256), effective March 9, 2006;
section 102 of title I of the Act of September 26, 2008 (Pub. L. No.
110--326; 122 Stat. 3560), the amendments made by this Act shall apply
with respect to the Vice President holding office on or after the date
of enactment of the Act]
{{2-29-08 p.8310.01}}
§ 3056A. Powers, authorities, and duties of United States
Secret Service Uniformed Division
(a) There is hereby created and established a permanent police
force, to be known as the United States Secret Service Uniformed
Division'. Subject to the supervision of the Secretary of Homeland
Security, the United States Secret Service Uniformed Division shall
perform such duties as the Director, United States Secret Service, may
prescribe in connection with the protection of the following:
(1) The White House in the District of Columbia.
(2) Any building in which Presidential offices are located.
(3) The Treasury Building and grounds.
(4) The President, the Vice President (or other officer next in
the order of succession to the Office of President), the
President-elect, the Vice President-elect, and their immediate
families.
(5) Foreign diplomatic missions located in the metropolitan area
of the District of Columbia.
(6) The temporary official residence of the Vice President and
grounds in the District of Columbia.
(7) Foreign diplomatic missions located in metropolitan areas
(other than the District of Columbia) in the United States where there
are located twenty or more such missions headed by full-time officers,
except that such protection shall be provided only--
(A) on the basis of extraordinary protective need;
(B) upon request of an affected metropolitan area; and
(C) when the extraordinary protective need arises at or in
association with a visit to--
(i) a permanent mission to, or an observer mission invited to
participate in the work of, an international organization of which the
United States is a member; or
(ii) an international organization of which the United States is
a member; except that such protection may also be provided for
motorcades and at other places associated with any such visit and may
be extended at places of temporary domicile in connection with any such
visit.
(8) Foreign consular and diplomatic missions located in such
areas in the United States, its territories and possessions, as the
President, on a case-by-case basis, may direct.
(9) Visits of foreign government officials to metropolitan areas
(other than the District of Columbia) where there are located twenty or
more consular or diplomatic missions staffed by accredited personnel,
including protection for motorcades and at other places associated with
such visits when such officials are in the United States to conduct
official business with the United States Government.
(10) Former Presidents and their spouses, as provided in section
3056(a)(3) of title 18.
(11) An event designated under section 3056(e) of title 18 as a
special event of national significance.
(12) Major Presidential and Vice Presidential candidates and,
within 120 days of the general Presidential election, the spouses of
such candidates, as provided in section 3056(a)(7) of title 18.
(13) Visiting heads of foreign states or foreign governments.
(b)(1) Under the direction of the Director of the Secret Service,
members of the United States Secret Service Uniformed Division are
authorized to--
(A) carry firearms;
(B) make arrests without warrant for any offense against the
United States committed in their presence, or for any felony cognizable
under the laws of the United States if they have reasonable grounds to
believe that the person to be arrested has committed or is committing
such felony; and
(C) perform such other functions and duties as are authorized by
law.
(2) Members of the United States Secret Service Uniformed
Division shall possess privileges and powers similar to those of the
members of the Metropolitan Police of the District of Columbia.
(c) Members of the United States Secret Service Uniformed Division
shall be furnished with uniforms and other necessary
equipment.
{{2-29-08 p.8310.02}}
(d) In carrying out the functions pursuant to paragraphs (7) and
(9) of subsection (a), the Secretary of Homeland Security may utilize,
with their consent, on a reimbursable basis, the services, personnel,
equipment, and facilities of State and local governments, and is
authorized to reimburse such State and local governments for the
utilization of such services, personnel, equipment, and facilities. The
Secretary of Homeland Security may carry out the functions pursuant to
paragraphs (7) and (9) of subsection (a) by contract. The authority of
this subsection may be transferred by the President to the Secretary of
State. In carrying out any duty under paragraphs (7) and (9) of
subsection (a), the Secretary of State is authorized to utilize any
authority available to the Secretary under title II of the State
Department Basic Authorities Act of 1956.
[Codified to 18 U.S.C. 3056A]
[Source: Section 3056A added by section 605(a) of title VI
of the Act of March 9, 2006 (Pub. L. No. 109--177; 120 Stat. 253),
effective March 9, 2006]
§ 3293. Financial institution offenses.
No person shall be prosecuted, tried, or punished for a
violation of, or a conspiracy to violate--
(1) section 215, 656, 657, 1005, 1006, 1007, 1014, 1033, or 1344;
(2) section 1341 or 1343, if the offense affects a financial
institution;
unless the indictment is returned or the information is filed within
10 years after the commission of the offense; or
(3) section 1963, to the extent that the racketeering activity
involves a violation of section 1344;
[Codified to 18 U.S.C. 3293]
[Source: Section 3293 added by section 961(l)(1) of title IX of
the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 501),
effective August 9, 1989; section 2505 of title XXV of the Act of
November 29, 1990 (Pub. L. No. 101--647; 104 Stat. 4862), effective
November 29, 1990; as amended by sections 320604(b), and 330002(e) of
title XXXII, and XXXIII of the Act of September 13, 1994 (Pub. L. No.
103--322; 108 Stat. 2119, and 2140, respectively), effective September
13, 1994]
§ 3322. Disclosure of certain matters occurring before grand
jury.
(b)(1) Upon motion of an attorney for the government, a
court may direct disclosure of matters occurring before a grand jury
during an investigation of a banking law violation to identified
personnel of a financial institution regulatory agency--
(A) for use in relation to any matter within the jurisdiction of
such regulatory agency; or
(B) to assist an attorney for the government to whom matters have
been disclosed under subsection (a).
(2) A court may issue an order under paragraph (1) upon a finding
of a substantial need.
(c) A person to whom matter has been disclosed under this section
shall not use such matter other than for the purpose for which such
disclosure was authorized.
(d) As used in this section--
(1) the term "banking law violation" means a violation of,
or a conspiracy to violate--
(A) section
215, 656,
657,
1005,
1006,
1007, 1014,
1344, 1956 or 1957
(B) section 1341 or
1343 affecting a financial
institution; or
(C) any provision of subchapter II of chapter 53 of title 31,
United States Code;
(2) the term "attorney for the government" has the meaning
given such term in the Federal Rules of Criminal Procedure; and
(3) the term "grand jury information" means matters
occurring before a grand jury other than the deliberations of the grand
jury or the vote of any grand juror.
[Codified to 18 U.S.C. 3322]
[Source: Section 3322 added by section 964(a) of title IX
of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 505),
effective August 9, 1989; section 11002 of title I of the Act of
November 2, 2002 (Pub. L. No. 107--273; 116 Stat. 1816), effective
November 2, 2002]
{{6-30-06 p.8310.03}}
§ 6001. Definitions.
As used in this chapter--
(1) "agency of the United States" means any executive
department as defined in section 101 of title 5, United States Code, a
military department as defined in section 102 of title 5, United States
Code, the Nuclear Regulatory Commission, the Board of Governors of the
Federal Reserve System, the China Trade Act registrar appointed under
53 Stat. 1432 (15 U.S.C. sec. 143), the Federal Communications
Commission, the Federal Deposit Insurance Corporation, the Federal
Maritime Commission, the Federal Power Commission, the Federal Trade
Commission, the Surface Transportation Board, the National Labor
Relations Board, the National Transportation Safety Board, the Railroad
Retirement Board, an arbitration board established under 48 Stat. 1193
(45 U.S.C. sec. 157), the Securities and Exchange Commission, or a
board established under 49 Stat. 31 (15 U.S.C. sec. 715d);
(2) "other information" includes any book, paper, document,
record, recording, or other material;
(3) "proceeding before an agency of the United States"
means any proceeding before such an agency with respect to which it is
authorized to issue subpenas and to take testimony or receive other
information from witnesses under oath; and
(4) "court of the United States" means any of the following
courts: the Supreme Court of the United States, a United States court
of appeals, a United States district court established under chapter 5,
title 28, United States Code, the District of Columbia Court of
Appeals, the Superior Court of the District of Columbia, the District
Court of Guam, the District Court of the Virgin Islands, the United
States Court of Federal Claims, the Tax Court of the United States, the
Customs Court, and the Court of Military Appeals.
[Codified to 18 U.S.C. 6001]
[Source: Section 6001 added by section 201(a) of title II
of the Act of October 15, 1970 (Pub. L. No. 91--452; 84 Stat. 926),
effective December 13, 1970, as amended by section 164 of title I of
the Act of April 2, 1982 (Pub. L. No. 97--164; 96 Stat. 50), effective
April 2, 1982; section 1543 of title XV of the Act of October 28, 1992
(Pub. L. No. 102--550; 106 Stat. 4069), effective October 28, 1992;
section 902(b)(1) of title IX of the Act of October 29, 1992 (Pub. L.
No. 102--572; 106 Stat. 4516), effective October 28, 1992; section 4(d)
of the Act of July 5, 1994 (Pub. L. No. 103--272; 108 Stat. 1361),
effective July 5, 1994; section 330013(2) and (3) of title XXXIII of
the Act of September 13, 1994 (Pub.L. No. 103--322; 108 Stat. 2146),
effective September 13, 1994; section 303(2) of title III of the Act of
December 29, 1995 (Pub. L. No. 104-88; 109 Stat. 9437, effective
December 29, 1995]
§ 6002. Immunity generally.
Whenever a witness refuses, on the basis of his privilege against
self-incrimination, to testify or provide other information in a
proceeding before or ancillary to--
(1) a court or grand jury of the United States,
(2) an agency of the United States, or (3) either House of Congress, a joint committee of the two
Houses, or a committee or a subcommittee of either House,
and the person presiding over the proceeding communicates to the
witness an order issued under this title, the witness may not refuse to
comply with the order on the basis of his
{{2-28-97 p.8311}}privilege against
self-incrimination; but no testimony or other information compelled
under the order (or any information directly or indirectly derived from
such testimony or other information) may be used against the witness in
any criminal case, except a prosecution for perjury, giving a false
statement, or otherwise failing to comply with the order.
[Codified to 18 U.S.C. 6002]
[Source: Section 6002 added by section 201(a) of title II of the
Act of October 15, 1970 (Pub. L. No. 91--452; 84 Stat. 927), effective
December 13, 1970; as amended by section 330013(4) of title XXXIII of
the Act of September 13, 1994 (Pub. L. No. 103--322; 108 Stat. 2146),
effective September 13, 1994]
§ 6003. Court and grand jury proceedings.
(a) In the case of any individual who has been or may be called to
testify or provide other information at any proceeding before or
ancillary to a court of the United States or a grand jury of the United
States, the United States district court for the judicial district in
which the proceeding is or may be held shall issue, in accordance with
subsection (b) of this section, upon the request of the United States
attorney for such district, an order requiring such individual to give
testimony or provide other information which he refuses to give or
provide on the basis of his privilege against self-incrimination, such
order to become effective as provided in section 6002 of this title.
(b) A United States attorney may, with the approval of the Attorney
General, the Deputy Attorney General, the Associate Attorney General,
or any designated Assistant Attorney General or Deputy Attorney
General, request an order under subsection (a) of this section when in
his judgment--
(1) the testimony or other information from such individual may
be necessary to the public interest; and
(2) such individual has refused or is likely to refuse to testify
or provide other information on the basis of his privilege against
self-incrimination.
[Codified to 18 U.S.C. 6003]
[Source: Section 6003 added by section 201(a) of title II of the
Act of October 15, 1970 (Pub. L. No. 91--452; 84 Stat. 927), effective
December 13, 1970; and amended by section 7020(e) of title VII of the
Act of November 18, 1988 (Pub. L. No. 100--690; 102 Stat. 4396),
effective November 18, 1988; section 330013(4) of title XXXIII of the
Act of September 13, 1994 (Pub. L. No. 103--322; 108 Stat. 2146),
effective September 13, 1994]
§ 6004. Certain administrative proceedings.
(a) In the case of any individual who has been or who may be called
to testify or provide other information at any proceeding before an
agency of the United States, the agency may, with the approval of the
Attorney General, issue, in accordance with subsection (b) of this
section, an order requiring the individual to give testimony or provide
other information which he refuses to give or provide on the basis of
his privilege against self-incrimination, such order to become
effective as provided in section 6002 of this title.
(b) An agency of the United States may issue an order under
subsection (a) of this section only if in its judgment--
(1) The testimony or other information from such individual may
be necessary to the public interest; and
(2) such individual has refused or is likely to refuse to testify
or provide other information on the basis of his privilege against
self-incrimination.
[Codified to 18 U.S.C. 6004]
[Source: Section 6004 added by section 201(a) of title II
of the Act of October 15, 1970 (Pub. L. No. 91--452; 84 Stat. 927),
effective December 13, 1970; as amended by section 3300013(4) of title
XXXIII of the Act of September 13, 1994 (Pub. L. No. 103--322; 108
Stat. 2146), effective September 13, 1994]
{{2-28-97 p.8312}}
§ 6005. Congressional proceedings.
(a) In the case of any individual who has been or may be called to
testify or provide other information at any proceeding before or
ancillary to either House of Congress, or any committee, or any
subcommittee of either House, or any joint committee of the two Houses,
a United States district court shall issue, in accordance with
subsection (b) of this section, upon the request of a duly authorized
representative of the House of Congress or the committee concerned, an
order requiring such individual to give testimony or provide other
information which he refuses to give or provide on the basis of his
privilege against self-incrimination, such order to become effective as
provided in section 6002 of this title.
(b) Before issuing an order under subsection (a) of this section, a
United States district court shall find that--
(1) in the case of a proceeding before or ancillary to either
House of Congress, the request for such an order has been approved by
an affirmative vote of a majority of the Members present of that House;
(2) In the case of a proceeding before or ancillary to a
committee or a subcommittee of either House of Congress or a joint
committee of both Houses, the request for such an order has been
approved by an affirmative vote of two-thirds of the members of the
full committee; and
(3) ten days or more prior to the day on which the request
for such an order was made, the Attorney General was served with notice
of an intention to request the order.
(c) Upon application of the Attorney General, the United States
district court shall defer the issuance of any order under subsection
(a) of this section for such period, not longer than twenty days from
the date of the request for such order, as the Attorney General may
specify.
[Codified to 18 U.S.C. 6005]
[Source: Section 6005 added by section 201(a) of title II of the
Act of October 15, 1970 (Pub. L. No. 91--452; 84 Stat. 928), effective
December 13, 1970; as amended by section 330013(4) of title XXXIII of
the Act of September 13, 1994 (Pub. L. No. 103--322; 108 Stat. 2146),
effective September 13, 1994; section 5 of the Act of October 11, 1996
(Pub. L. No. 104-292; 110 Stat. 3460), effective October 11, 1996;
section 605(o) of title VI of the Act of October 11, 1996 (Pub. L. No.
104-294; 110 Stat. 3510), effective October 11, 1996]
[The page following this is 8381.]
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