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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.

[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.

[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]


[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]

§ 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.

(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

(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 555 (relating to border tunnels), 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 (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; and

(9)  the term "proceeds" means any property derived from or obtained or retained, directly or indirectly, through some form of unlawful activity, including the gross receipts of such activity.

(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, 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, 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; section 2(f)(1) of the Act of May 20, 2009 (Pub. L. No. 111--21; 123 Stat. 1618), effective May 20, 2009; section 6 of the Act of June 5, 2012 (Pub. L. No. 112--127; 126 Stat. 371), effective June 5, 2012]

§ 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. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this subsection is greater.

(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

(3)  the terms "specified unlawful activity" and "proceeds" shall have the same meaning given those terms 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; section 2(f)(2) of the Act of May 20, 2009 (Pub. L. No. 111--21; 123 Stat. 1618), effective May 20, 2009; section 4(b)(2) of the Act of October 5, 2012 (Pub. L. No. 112--186; 126 Stat. 1429), effective October 5, 2012]

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

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 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; or

Whoever transports, transmits, or transfers in interstate or foreign commerce any veterans' memorial object, knowing the same to have been stolen, converted or taken by fraud--

Shall be fined under this title or imprisoned not more than ten years, or both. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater. If the offense involves the transportation, transmission, or transfer in interstate or foreign commerce of veterans' memorial objects with a value, in the aggregate, of less than $1,000, the defendant shall be fined under this title or imprisoned not more than one year, 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.

For purposes of this section the term "veteran's" memorial object' means a grave marker, headstone, monument, or other object, intended to permanently honor a veteran or mark a veteran's grave, or any monument that signifies an event of national military historical significance.

[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; section 4(d)(1) of the Act of October 5, 2012 (Pub. L. No. 112--186; 126 Stat. 1429), effective October 5, 2012; section 1084(a) of title X of the Act of January 2, 2013 (Pub. L. No. 112--239; 126 Stat. 1963), effective january 2, 2013]

§ 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).

(3)  Former Presidents and their spouses for their lifetimes, except that protection of a spouse shall terminate in the event of remarriage.

(4)  Children of a former President who are under 16 years of age.

(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

(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; section 2 of the Act of January 10, 2013 (Pub. L. No. 112--257; 126 Stat. 2413), effective January 10, 2013]

§ 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.

(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]

(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.

(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).

§ 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 hisprivilege 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]

§ 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]


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