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TITLE XXXII-MISCELLANEOUS Sections 320101-320501
Subtitle A-Increases in Penalties
SEC. 320101. INCREASED PENALTIES FOR ASSAULT.
(a) Certain Officers and Employees .-Section 111 of title 18,
States Code, is amended-
(1) in subsection (a) by inserting ", where the acts in violation of
this section constitute only simple assault, be fined under this title
or imprisoned not more than one year, or both, and in all other
cases," after "shall"; and
(2) in subsection (b) by inserting "or inflicts bodily injury" after
"weapon".
(b) Foreign Officials, Official Guests, and Internationally Protected
Persons .-Section 112(a) of title 18, United States Code, is amended-
(1) by striking "not more than $ 5,000'' and inserting "under this
title";
(2) by inserting ", or inflicts bodily injury," after "weapon"; and
(3) by striking "not more than $ 10,000'' and inserting "under this
title".
(c) Maritime and Territorial Jurisdiction .-Section 113 of title 18,
United States Code, is amended-
(1) in subsection (c)-
(A) by striking "of not more than $ 1,000'' and inserting "under this
title"; and
(B) by striking "five" and inserting "ten"; and
(2) in subsection (e)-
(A) by striking "of not more than $ 300'' and inserting "under this
title"; and
(B) by striking "three" and inserting "six".
(d) Congress, Cabinet, or Supreme Court .-Section 351(e) of title 18,
United States Code, is amended-
(1) by striking "not more than $ 5,000,'' and inserting "under this
title,";
(2) by inserting "the assault involved in the use of a dangerous
weapon, or" after "if";
(3) by striking "not more than $ 10,000'' and inserting "under this
title"; and [*H8856]
(4) by striking "for".
(e) President and President's Staff .-Section 1751(e) of title 18,
United States Code, is amended-
(1) by striking "not more than $ 10,000,'' both places it appears and
inserting "under this title,";
(2) by striking "not more than $ 5,000,'' and inserting "under this
title,"; and
(3) by inserting "the assault involved the use of a dangerous weapon,
or" after "if ".
SEC. 320102. INCREASED PENALTIES FOR MANSLAUGHTER.
Section 1112 of title 18, United States Code, is amended-
(1) in subsection (b)-
(A) by inserting "fined under this title or" after "shall be" in the
first undesignated paragraph; and
(B) by inserting ", or both" after "years";
(2) by striking "not more than $ 1,000'' and inserting "under this
title"; and
(3) by striking "three" and inserting "six".
SEC. 320103. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS.
(a) Conspiracy Against Rights .-Section 241 of title 18, United States
Code, is amended-
(1) by striking "not more than $ 10,000'' and inserting "under this
title";
(2) by inserting "from the acts committed in violation of this section
or if such acts include kidnapping or an attempt to kidnap, aggravated
sexual abuse or an attempt to commit aggravated sexual abuse, or an
attempt to kill" after "results";
(3) by striking "subject to imprisonment" and inserting "fined under
this title or imprisoned"; and
(4) by inserting ", or both" after "life".
(b) Deprivation of Rights .-Section 242 of title 18, United States
Code, is amended-
(1) by striking "not more than $ 1,000'' and inserting "under this
title";
(2) by inserting "from the acts committed in violation of this section
or if such acts include the use, attempted use, or threatened use of a
dangerous weapon, explosives, or fire," after "bodily injury results";
(3) by inserting "from the acts committed in violation of this section
or if such acts include kidnapping or an attempt to kidnap, aggravated
sexual abuse, or an attempt to commit aggravated sexual abuse, or an
attempt to kill, shall be fined under this title, or" after "death
results";
(4) by striking "shall be subject to imprisonment" and inserting
"imprisoned"; and
(5) by inserting ", or both" after "life".
(c) Federally Protected Activities .-Section 245(b) of title 18,
United States Code, is amended in the matter following paragraph (5)-
(1) by striking "not more than $ 1,000'' and inserting "under this
title"; (2) by inserting "from the acts committed in violation of this
section or if such acts include the use, attempted use, or threatened
use of a dangerous weapon, explosives, or fire" after "bodily injury
results;
(3) by striking "not more than $ 10,000'' and inserting "under this
title";
(4) by inserting "from the acts committed in violation of this section
or if such acts include kidnapping or an attempt to kidnap, aggravated
sexual abuse or an attempt to commit aggravated sexual abuse, or an
attempt to kill," after "death results";
(5) by striking "subject to imprisonment" and inserting "fined under
this title or imprisoned"; and
(6) by inserting ", or both" after "life".
(d) Damage to Religious Property .-Section 247 of title 18, United
States Code, is amended-
(1) in subsection (c)(1) by inserting "from acts committed in
violation of this section or if such acts include kidnapping or an
attempt to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill" after "death results";
(2) in subsection (c)(2)-
(A) by striking "serious"; and
(B) by inserting "from the acts committed in violation of this section
or if such acts include the use, attempted use, or threatened use of a
dangerous weapon, explosives, or fire" after "bodily injury results";
and
(3) by amending subsection (e) to read as follows:
"(e) As used in this section, the term 'religious property' means any
church, synagogue, mosque, religious cemetery, or other religious
property.".
(e) Fair Housing Act .-Section 901 of the Fair Housing Act (42 U.S.C.
3631) is amended-
(1) in the caption by striking "bodily injury; death;";
(2) by striking "not more than $ 1,000,'' and inserting "under this
title";
(3) by inserting "from the acts committed in violation of this section
or if such acts include the use, attempted use, or threatened use of a
dangerous weapon, explosives, or fire" after "bodily injury results";
(4) by striking "not more than $ 10,000,'' and inserting "under this
title";
(5) by inserting "from the acts committed in violation of this section
or if such acts include kidnapping or an attempt to kidnap, aggravated
sexual abuse or an attempt to commit aggravated sexual abuse, or an
attempt to kill," after "death results"; (6) by striking "subject to
imprisonment" and inserting "fined under this title or imprisoned";
and
(7) by inserting ", or both" after "life".
SEC. 320104. PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND
SERVICES.
(a) In General .-Section 2320(a) of title 18, United States Code, is
amended-
(1) in the first sentence-
(A) by striking "$ 250,000 or imprisoned not more than five years" and
inserting "$ 2,000,000 or imprisoned not more than 10 years"; and
(B) by striking "$ 1,000,000'' and inserting "$ 5,000,000''; and
(2) in the second sentence-
(A) by striking "$ 1,000,000 or imprisoned not more than fifteen
years" and inserting "$ 5,000,000 or imprisoned not more than 20
years"; and
(B) by striking "$ 5,000,000'' and inserting "$ 15,000,000''.
(b) Laundering Monetary Instruments .-Section 1956(c)(7)(D) of title
18, United States Code, is amended by striking "or section 2319
(relating to copyright infringement)," and inserting "section 2319
(relating to copyright infringement), or section 2320 (relating to
trafficking in counterfeit goods and services),".
SEC. 320105. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MURDER FOR
HIRE.
Section 1958(a) of title 18, United States Code, is amended by
inserting "or who conspires to do so" before "shall be fined" the
first place it appears.
SEC. 320106. INCREASED PENALTIES FOR ARSON.
Section 844 of title 18, United States Code, is amended-
(1) in subsection (f)-
(A) by striking "not more than ten years, or fined not more than $ 10,
000" and inserting "not more than 20 years, fined the greater of the
fine under this title or the cost of repairing or replacing any
property that is damaged or destroyed,"; and
(B) by striking "not more than twenty years, or fined not more than $
10, 000" and inserting "not more than 40 years, fined the greater of
the fine under this title or the cost of repairing or replacing any
property that is damaged or destroyed,";
(2) in subsection (h)-
(A) in the first sentence by striking "five years" and inserting "5
years but not more than 15 years"; and (B) in the second sentence by
striking "ten years" and inserting "10 years but not more than 25
years"; and
(3) in subsection (i)-
(A) by striking "not more than ten years or fined not more than $ 10,
000" and inserting "not more than 20 years, fined the greater of the
fine under this title or the cost of repairing or replacing any
property that is damaged or destroyed,"; and
(B) by striking "not more than twenty years or fined not more than $
20, 000" and inserting "not more than 40 years, fined the greater of
the fine under this title or the cost of repairing or replacing any
property that is damaged or destroyed,".
SEC. 320107. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR PUBLIC
HOUSING.
Section 419 of the Controlled Substances Act (21 U.S.C. 860) is
amended-
(1) in subsection (a) by striking "playground, or within" and
inserting "playground, or housing facility owned by a public housing
authority, or within"; and
(2) in subsection (b) by striking "playground, or within" and
inserting "playground, or housing facility owned by a public housing
authority, or within".
SEC. 320108. TASK FORCE AND CRIMINAL PENALTIES RELATING TO THE
INTRODUCTION OF NONINDIGENOUS SPECIES.
(a) Task Force .-
(1) In general .-The Attorney General is authorized to convene a law
enforcement task force in Hawaii to facilitate the prosecution of
violations of Federal laws, and laws of the State of Hawaii, relating
to the wrongful conveyance, sale, or introduction of nonindigenous
plant and animal species.
(2) Membership .-(A) The task force shall be composed of
representatives of-
(i) the Office of the United States Attorney for the District of
Hawaii;
(ii) the United States Customs Service;
(iii) the Animal and Plant Health Inspection Service;
(iv) the Fish and Wildlife Service;
(v) the National Park Service;
(vi) the United States Forest Service;
(vii) the Military Customs Inspection Office of the Department of
Defense;
(viii) the United States Postal Service;
(ix) the office of the Attorney General of the State of Hawaii;
(x) the Hawaii Department of Agriculture;
(xi) the Hawaii Department of Land and Natural Resources; and
(xii) such other individuals as the Attorney General deems
appropriate.
(B) The Attorney General shall, to the extent practicable, select
individuals to serve on the task force who have experience with the
enforcement of laws relating to the wrongful conveyance, sale, or
introduction of nonindigenous plant and animal species.
(3) Duties .-The task force shall-
(A) facilitate the prosecution of violations of Federal and State laws
relating to the conveyance, sale, or introduction of nonindigenous
plant and animal species into Hawaii; and
(B) make recommendations on ways to strengthen Federal and State laws
and law enforcement strategies designed to prevent the introduction of
nonindigenous plant and animal species.
(4) Report .-The task force shall report to the Attorney General, the
Secretary of Agriculture, the Secretary of the Interior, and to the
Committee on the Judiciary and Committee on Agriculture, Nutrition,
and Forestry of the Senate and the Committee on the Judiciary,
Committee on Agriculture, and Committee on Merchant Marine and
Fisheries of the House of Representatives on- [*H8857]
(A) the progress of its enforcement efforts; and
(B) the adequacy of existing Federal laws and laws of the State of
Hawaii that relate to the introduction of nonindigenous plant and
animal species.
Thereafter, the task force shall make such reports as the task force
deems appropriate.
(5) Consultation .-The task force shall consult with Hawaii
agricultural interests and representatives of Hawaii conservation
organizations about methods of preventing the wrongful conveyance,
sale, or introduction of nonindigenous plant and animal species into
Hawaii.
(b) Criminal Penalty .-
(1) In general .-Chapter 83 of title 18, United States Code, is
amended by inserting after section 1716C the following new section:
" 1716D. Nonmailable injurious animals, plant pests, plants, and
illegally taken fish, wildlife, and plants
"A person who knowingly deposits for mailing or delivery, or knowingly
causes to be delivered by mail, according to the direction thereon, or
at any place at which it is directed to be delivered by the person to
whom it is addressed, anything that section 3015 of title 39 declares
to be nonmailable matter shall be fined under this title, imprisoned
not more than 1 year, or both.".
(2) Technical amendment .-The chapter analysis for chapter 83 of title
18, United States Code, is amended by inserting after the item
relating to section 1716C the following new item:
"1716D. Nonmailable injurious animals, plant pests, plants, and
illegally taken fish, wildlife, and plants.".
SEC. 320109. MILITARY MEDALS AND DECORATIONS.
Section 704 of title 18, United States Code, is amended-
(1) by striking "Whoever" and inserting (a) In General .-Whoever";
(2) by striking "not more than $ 250'' and inserting "under this
title"; and
(3) by adding at the end the following new subsection:
"(b) Congressional Medal of Honor .-
"(1) In general .-If a decoration or medal involved in an offense
under subsection (a) is a Congressional Medal of Honor, in lieu of the
punishment provided in that subsection, the offender shall be fined
under this title, imprisoned not more than 1 year, or both.
"(2) Definitions .-(A) As used in subsection (a) with respect to a
Congressional Medal of Honor, 'sells' includes trades, barters, or
exchanges for anything of value.
"(B) As used in this subsection, 'Congressional Medal of Honor' means
a medal awarded under section 3741 of title 10.".
Subtitle B-Extension of Protection of Civil Rights Statutes
SEC. 320201. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.
(a) Conspiracy Against Rights .-Section 241 of title 18, United States
Code, is amended by striking "inhabitant of" and inserting "person
in".
(b) Deprivation of Rights Under Color of Law .-Section 242 of title
18, United States Code, is amended-
(1) by striking "inhabitant of" and inserting "person in"; and
(2) by striking "such inhabitant" and inserting "such person".
Subtitle C-Audit and Report
SEC. 320301. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW ENFORCEMENT
AGENCIES RECEIVING FEDERAL ASSET FORFEITURE FUNDS.
(a) State Requirement .-Section 524(c)(7) of title 28, United States
Code, is amended to read as follows:
"(7)(A) The Fund shall be subject to annual audit by the Comptroller
General.
"(B) The Attorney General shall require that any State or local law
enforcement agency receiving funds conduct an annual audit detailing
the uses and expenses to which the funds were dedicated and the amount
used for each use or expense and report the results of the audit to
the Attorney General.".
(b) Inclusion in Attorney General's Report .-Section 524(c)(6)(C) of
title 28, United States Code, is amended by adding at the end the
following flush sentence: "The report should also contain all annual
audit reports from State and local law enforcement agencies required
to be reported to the Attorney General under subparagraph (B) of
paragraph (7).".
SEC. 320302. REPORT TO CONGRESS ON ADMINISTRATIVE AND CONTRACTING
EXPENSES.
Section 524(c)(6) of title 28, United States Code, is amended-
(1) by striking "and" at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and
inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(D) a report for such fiscal year containing a description of the
administrative and contracting expenses paid from the Fund under
paragraph (1)(A).".
Subtitle D-Coordination
SEC. 320401. COORDINATION OF SUBSTANCE ABUSE TREATMENT AND PREVENTION
PROGRAMS.
The Attorney General shall consult with the Secretary of the
Department of Health and Human Services in establishing and carrying
out the substance abuse treatment and prevention components of the
programs authorized under this Act, to assure coordination of
programs, eliminate duplication of efforts and enhance the
effectiveness of such services.
Subtitle E-Gambling
H4 SEC. 320501. CLARIFYING AMENDMENT REGARDING SCOPE OF PROHIBITION
AGAINST GAMBLING ON SHIPS IN INTERNATIONAL WATERS.
The paragraph of section 1081 of title 18, United States Code,
defining the term "gambling ship" is amended by adding at the end the
following: "Such term does not include a vessel with respect to
gambling aboard such vessel beyond the territorial waters of the
United States during a covered voyage (as defined in section 4472 of
the Internal Revenue Code of 1986 as in effect on January 1, 1994).".