United States Codes Service
Stalking
Domestic Violence &
Stalking
Related Offenses
Stalking
18 USCS § 2261A. Stalking.
(2006)
Whoever--
(1)
travels in interstate or foreign
commerce or within the special maritime and territorial jurisdiction of the
United States, or enters or leaves Indian country, with the intent to kill,
injure, harass, or place under surveillance with intent to kill, injure,
harass, or intimidate another person, and in the course of, or as a result of,
such travel places that person in reasonable fear of the death of, or serious
bodily injury to, or causes substantial emotional distress to that person, a
member of the immediate family (as defined in section 115 [18 USCS § 115]) of
that person, or the spouse or intimate partner of that person;
or
(2)
with
the intent-
(A)
to
kill, injure, harass, or place under surveillance with intent to kill, injure,
harass, or intimidate, or cause substantial emotional distress to a person in
another State or tribal jurisdiction or within the special maritime and
territorial jurisdiction of the United States; or
(B)
to
place a person in another State or tribal jurisdiction, or within the special
maritime and territorial jurisdiction of the United States,
in reasonable fear of the death of, or serious bodily injury
to-
(i)
that
person;
(ii)
a
member of the immediate family (as defined in section 115 [18 USCS § 115][)]
of that person; or
(iii)
a
spouse or intimate partner of that person;
uses the mail, any interactive
computer service, or any facility of interstate or foreign commerce to engage
in a course of conduct that causes substantial emotional distress to that
person or places that person in reasonable fear of the death of, or serious
bodily injury to, any of the persons described in clauses (i) through (iii) of
subparagraph (B);
shall be punished as provided in
section 2261(b) of this title [18 USCS § 2261(b)].
Notes:
2000. Act Oct. 28, 2000, substituted this section for
one which read:
"§ 2261A. Interstate
stalking
"Whoever travels across a
State line or within the special maritime and territorial jurisdiction of
the United States with the intent to injure or harass another person, and in
the course of, or as a result of, such travel places that person in
reasonable fear of the death of, or serious bodily injury (as defined in
section 1365(g)(3) of this title) to, that person or a member of that
person's immediate family (as defined in section 115 of this title) shall be
punished as provided in section 2261 of this
title."
2006.
Act Jan. 5, 2006, substituted this section for one which
read:
"§ 2261A. Interstate
stalking.
Whoever-
(1)
travels in interstate or
foreign commerce or within the special maritime and territorial jurisdiction
of the United States, or enters or leaves Indian country, with the intent to
kill, injure, harass, or intimidate another person, and in the course of, or
as a result of, such travel places that person in reasonable fear of the
death of, or serious bodily injury to, that person, a member of the
immediate family (as defined in section 115) of that person, or the spouse
or intimate partner of that person; or
(2)
with the
intent-
(A)
to
kill or injure a person in another State or tribal jurisdiction or within
the special maritime and territorial jurisdiction of the United
States; or
(B)
to
place a person in another State or tribal jurisdiction, or within the
special maritime and territorial jurisdiction of the United
States, in reasonable fear of the death of,
or serious bodily injury to-
(i)
that
person;
(ii)
a
member of the immediate family (as defined in section 115) of that person;
or
(iii)
a
spouse or intimate partner of that person,
uses the mail or any facility
of interstate or foreign commerce to engage in a course of conduct that
places that person in reasonable fear of the death of, or serious bodily
injury to, any of the persons described in clauses (i) through
(iii),
shall be punished as
provided in section 2261(b)."
Although the matter
following para. (2)(B)(iii) was aligned with subpara. (B), we have set it
out at the paragraph level to effectuate the probable intent of
Congress.
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Domestic Violence &
Stalking
18 USCS § 2261. Interstate
domestic violence. (2006)
(a)
Offenses.
(1)
Travel or conduct of offender. A
person who travels in interstate or foreign commerce or enters or leaves
Indian country or within the special maritime and territorial jurisdiction of
the United States with the intent to kill, injure, harass, or intimidate a
spouse, intimate partner, or dating partner, and who, in the course of or as a
result of such travel, commits or attempts to commit a crime of violence
against that spouse, intimate partner, or dating partner, shall be punished as
provided in subsection (b).
(2)
Causing travel of victim. A
person who causes a spouse, intimate partner, or dating partner to travel in
interstate or foreign commerce or to enter or leave Indian country by force,
coercion, duress, or fraud, and who, in the course of, as a result of, or to
facilitate such conduct or travel, commits or attempts to commit a crime of
violence against that spouse, intimate partner, or dating partner, shall be
punished as provided in subsection (b).
(b)
Penalties. A person who violates
this section or section 2261A [18 USCS § 2261A] shall be fined under this
title, imprisoned-
(1)
for
life or any term of years, if death of the victim
results;
(2)
for
not more than 20 years if permanent disfigurement or life threatening bodily
injury to the victim results;
(3)
for
not more than 10 years, if serious bodily injury to the victim results or if
the offender uses a dangerous weapon during the offense;
(4)
as
provided for the applicable conduct under chapter 109A [18 USCS §§ 2241 et
seq.] if the offense would constitute an offense under chapter 109A [18 USCS
§§ 2241 et seq.] (without regard to whether the offense was committed in the
special maritime and territorial jurisdiction of the United
States or in a Federal prison);
and
(5)
for
not more than 5 years, in any other case, or both fined and
imprisoned.
(6)
Whoever commits the crime of
stalking in violation of a temporary or permanent civil or criminal
injunction, restraining order, no-contact order, or other order described in
section 2266 of title 18, United States Code, shall be punished by
imprisonment for not less than 1 year.
18 USCS § 2262. Interstate
violation of protection order. (2006)
(a)
Offenses.
(1)
Travel or conduct of offender. A
person who travels in interstate or foreign commerce, or enters or leaves
Indian country or within the special maritime and territorial jurisdiction of
the United States, with the intent to engage in conduct that violates the
portion of a protection order that prohibits or provides protection against
violence, threats, or harassment against, contact or communication with, or
physical proximity to, another person, or that would violate such a portion of
a protection order in the jurisdiction in which the order was issued, and
subsequently engages in such conduct, shall be punished as provided in
subsection (b).
(2)
Causing travel of victim. A
person who causes another person to travel in interstate or foreign commerce
or to enter or leave Indian country by force, coercion, duress, or fraud, and
in the course of, as a result of, or to facilitate such conduct or travel
engages in conduct that violates the portion of a protection order that
prohibits or provides protection against violence, threats, or harassment
against, contact or communication with, or physical proximity to, another
person, or that would violate such a portion of a protection order in the
jurisdiction in which the order was issued, shall be punished as provided in
subsection (b).
(b)
Penalties. A person who violates
this section shall be fined under this title,
imprisoned-
(1)
for
life or any term of years, if death of the victim
results;
(2)
for
not more than 20 years if permanent disfigurement or life threatening bodily
injury to the victim results;
(3)
for
not more than 10 years, if serious bodily injury to the victim results or if
the offender uses a dangerous weapon during the offense;
(4)
as
provided for the applicable conduct under chapter 109A [18 USCS §§ 2241 et
seq.] if the offense would constitute an offense under chapter 109A (without
regard to whether the offense was committed in the special maritime and
territorial jurisdiction of the United States or in a Federal
prison); and
(5)
for
not more than 5 years, in any other case, or both fined and
imprisoned.
18 USCS § 2263. Pretrial release
of defendant. (1994)
In any proceeding pursuant
to section 3142 [18 USCS § 3142] for the purpose of determining whether a
defendant charged under this chapter [18 USCS §§ 2261 et seq.] shall be
released pending trial, or for the purpose of determining conditions of such
release, the alleged victim shall be given an opportunity to be heard
regarding the danger posed by the defendant.
18 USCS § 2264. Restitution.
(1996)
(a)
In
general. Notwithstanding section 3663 or 3663A [18 USCS § 3663 or 3663A], and
in addition to any other civil or criminal penalty authorized by law, the
court shall order restitution for any offense under this chapter [18 USCS §§
2261 et seq.].
(b)
Scope
and nature of order.
(1)
Directions. The order of
restitution under this section shall direct the defendant to pay the victim
(through the appropriate court mechanism) the full amount of the victim's
losses as determined by the court pursuant to paragraph
(2).
(2)
Enforcement. An order of
restitution under this section shall be issued and enforced in accordance with
section 3664 [18 USCS § 3664] in the same manner as an order under section
3663A [18 USCS § 3663A].
(3)
Definition. For purposes of this
subsection, the term "full amount of the victim's losses" includes any costs
incurred by the victim for-
(A)
medical services relating to
physical, psychiatric, or psychological care;
(B)
physical and occupational
therapy or rehabilitation;
(C)
necessary transportation,
temporary housing, and child care expenses;
(D)
lost
income;
(E)
attorneys' fees, plus any costs
incurred in obtaining a civil protection order; and
(F)
any
other losses suffered by the victim as a proximate result of the
offense.
(4)
Order
mandatory.
(A)
The
issuance of a restitution order under this section is
mandatory.
(B)
A
court may not decline to issue an order under this section because
of-
(i)
the
economic circumstances of the defendant; or
(ii) the fact that a victim has, or
is entitled to, receive compensation for his or her injuries from the proceeds
of insurance or any other source.
(c)
Victim defined. For purposes of
this section, the term "victim" means the individual harmed as a result of a
commission of a crime under this chapter [18 USCS §§ 2261 et seq.], including,
in the case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim or representative
of the victim's estate, another family member, or any other person appointed
as suitable by the court, but in no event shall the defendant be named as such
representative or guardian.
18 USCS § 2265. Full faith and
credit given to protection orders. (2006)
(a)
Full
faith and credit. Any protection order issued that is consistent with
subsection (b) of this section by the court of one State, Indian tribe, or
territory (the issuing State, Indian tribe, or territory) shall be accorded
full faith and credit by the court of another State, Indian tribe, or
territory (the enforcing State, Indian tribe, or territory) and enforced by
the court and law enforcement personnel of the other State, Indian tribal
government or Territory [territory] as if it were the order of the enforcing
State, Indian tribe, or territory.
(b)
Protection order. A protection
order issued by a State, tribal, or territorial court is consistent with this
subsection if-
(1)
such
court has jurisdiction over the parties and matter under the law of such
State, Indian tribe, or territory; and
(2)
reasonable notice and
opportunity to be heard is given to the person against whom the order is
sought sufficient to protect that person's right to due process. In the case
of ex parte orders, notice and opportunity to be heard must be provided within
the time required by State, tribal, or territorial law, and in any event
within a reasonable time after the order is issued, sufficient to protect the
respondent's due process rights.
(c)
Cross
or counter petition. A protection order issued by a State, tribal, or
territorial court against one who has petitioned, filed a complaint, or
otherwise filed a written pleading for protection against abuse by a spouse or
intimate partner is not entitled to full faith and credit
if-
(1)
no
cross or counter petition, complaint, or other written pleading was filed
seeking such a protection order; or
(2)
a
cross or counter petition has been filed and the court did not make specific
findings that each party was entitled to such an order.
(d)
Notification and
registration.
(1)
Notification. A State, Indian
tribe, or territory according full faith and credit to an order by a court of
another State, Indian tribe, or territory shall not notify or require
notification of the party against whom a protection order has been issued that
the protection order has been registered or filed in that enforcing State,
tribal, or territorial jurisdiction unless requested to do so by the party
protected under such order.
(2)
No
prior registration or filing as prerequisite for enforcement. Any protection
order that is otherwise consistent with this section shall be accorded full
faith and credit, notwithstanding failure to comply with any requirement that
the order be registered or filed in the enforcing State, tribal, or
territorial jurisdiction.
(3)
Limits on internet publication
of registration information. A State, Indian tribe, or territory shall not
make available publicly on the Internet any information regarding the
registration, filing of a petition for, or issuance of a protection order,
restraining order or injunction [, restraining order, or injunction] in either
the issuing or enforcing State, tribal or territorial jurisdiction, if such
publication would be likely to publicly reveal the identity or location of the
party protected under such order. A State, Indian tribe, or territory may
share court-generated and law enforcement-generated information contained in
secure, governmental registries for protection order enforcement
purposes.
(e)
Tribal court jurisdiction. For
purposes of this section, a tribal court shall have full civil jurisdiction to
enforce protection orders, including authority to enforce any orders through
civil contempt proceedings, exclusion of violators from Indian lands, and
other appropriate mechanisms, in matters arising within the authority of the
tribe.
18 USCS § 922. Unlawful acts. (2005) – [Domestic Violence and Stalking Firearm Prohibitions
only]
(a) –
(b)
(g)
It
shall be unlawful for any person-
(1)
– (7)
(8)
who
is subject to a court order that-
(A)
was
issued after a hearing of which such person received actual notice, and at
which such person had an opportunity to participate;
(B)
restrains such person from
harassing, stalking, or threatening an intimate partner of such person or
child of such intimate partner or person, or engaging in other conduct that
would place an intimate partner in reasonable fear of bodily injury to the
partner or child; and
(C)
(i)
includes a finding that such
person represents a credible threat to the physical safety of such intimate
partner or child; or
(ii)
by
its terms explicitly prohibits the use, attempted use, or threatened use of
physical force against such intimate partner or child that would reasonably be
expected to cause bodily injury; or
(9)
who
has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or
affecting commerce, any firearm or ammunition; or to receive any firearm or
ammunition which has been shipped or transported in interstate or foreign
commerce.
(h)-(z)
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Related
Offenses
18 USCS § 875. Interstate
communications. (1994)
(a)
Whoever transmits in interstate
or foreign commerce any communication containing any demand or request for a
ransom or reward for the release of any kidnapped person, shall be fined under
this title or imprisoned not more than twenty years, or
both.
(b)
Whoever, with intent to extort
from any person, firm, association, or corporation, any money or other thing
of value, transmits in interstate or foreign commerce any communication
containing any threat to kidnap any person or any threat to injure the person
of another, shall be fined under this title or imprisoned not more than twenty
years, or both.
(c)
Whoever transmits in interstate
or foreign commerce any communication containing any threat to kidnap any
person or any threat to injure the person of another, shall be fined under
this title or imprisoned not more than five years, or
both.
(d)
Whoever, with intent to extort
from any person, firm, association, or corporation, any money or other thing
of value, transmits in interstate or foreign commerce any communication
containing any threat to injure the property or reputation of the addressee or
of another or the reputation of a deceased person or any threat to accuse the
addressee or any other person of a crime, shall be fined under this title or
imprisoned not more than two years, or both.
47 USCS § 223. Obscene or
harassing telephone calls in the District of Columbia or in interstate or
foreign communications. (2006)
(a)
Prohibited acts generally.
Whoever-
(1)
in
interstate or foreign communications-
(A)
by
means of a telecommunications device knowingly-
(i)
makes, creates, or solicits,
and
(ii) initiates the transmission of,
any comment, request, suggestion, proposal, image, or other communication
which is obscene or child pornography, with intent to annoy, abuse, threaten,
or harass another person;
(B)
by
means of a telecommunications device knowingly-
(i)
makes, creates, or solicits,
and
(ii) initiates the transmission of,
any comment, request, suggestion, proposal, image, or other communication
which is obscene or child pornography, knowing that the recipient of the
communication is under 18 years of age, regardless of whether the maker of
such communication placed the call or initiated the
communication;
(C)
makes
a telephone call or utilizes a telecommunications device, whether or not
conversation or communication ensues, without disclosing his identity and with
intent to annoy, abuse, threaten, or harass any person at the called number or
who receives the communications;
(D)
makes
or causes the telephone of another repeatedly or continuously to ring, with
intent to harass any person at the called number; or
(E)
makes
repeated telephone calls or repeatedly initiates communication with a
telecommunications device, during which conversation or communication ensues,
solely to harass any person at the called number or who receives the
communication; or
(2)
knowingly permits any
telecommunications facility under his control to be used for any activity
prohibited by paragraph (1) with the intent that it be used for such activity,
shall be fined under title 18, United States Code, or imprisoned not more than
two years, or both.
(b)
Prohibited acts for commercial
purposes; defense to prosecution.
(1)
Whoever
knowingly-
(A)
within the United States, by
means of telephone, makes (directly or by recording device) any obscene
communication for commercial purposes to any person, regardless of whether the
maker of such communication placed the call; or
(B)
permits any telephone facility
under such person's control to be used for an activity prohibited by
subparagraph (A), shall be fined in accordance with title 18, United States
Code, or imprisoned not more than two years, or both.
(2)
Whoever
knowingly-
(A)
within the United States, by
means of telephone, makes (directly or by recording device) any indecent
communication for commercial purposes which is available to any person under
18 years of age or to any other person without that person's consent,
regardless of whether the maker of such communication placed the call;
or
(B)
permits any telephone facility
under such person's control to be used for an activity prohibited by
subparagraph (A), shall be fined not more than $ 50,000 or imprisoned not more
than six months, or both.
(3)
It is
a defense to prosecution under paragraph (2) of this subsection that the
defendant restricted access to the prohibited communication to persons 18
years of age or older in accordance with subsection (c) of this section and
with such procedures as the Commission may prescribe by
regulation.
(4)
In
addition to the penalties under paragraph (1), whoever, within the
United
States, intentionally violates paragraph (1)
or (2) shall be subject to a fine of not more than $ 50,000 for each
violation. For purposes of this paragraph, each day of violation shall
constitute a separate violation.
(5)
(A)
In
addition to the penalties under paragraphs (1), (2), and (5), whoever, within
the United
States, violates paragraph (1) or (2) shall
be subject to a civil fine of not more than $ 50,000 for each violation. For
purposes of this paragraph, each day of violation shall constitute a separate
violation.
(B)
A
fine under this paragraph may be assessed either-
(i)
by a
court, pursuant to civil action by the Commission or any attorney employed by
the Commission who is designated by the Commission for such purposes,
or
(ii) by the Commission after
appropriate administrative proceedings.
(6)
The
Attorney General may bring a suit in the appropriate district court of the
United
States to enjoin any act or practice which
violates paragraph (1) or (2). An injunction may be granted in accordance with
the Federal Rules of Civil Procedure.
(c)
Restriction on access to
subscribers by common carriers; judicial remedies respecting
restrictions.
(1)
A
common carrier within the District of Columbia or within any State, or in
interstate or foreign commerce, shall not, to the extent technically feasible,
provide access to a communication specified in subsection (b) from the
telephone of any subscriber who has not previously requested in writing the
carrier to provide access to such communication if the carrier collects from
subscribers an identifiable charge for such communication that the carrier
remits, in whole or in part, to the provider of such
communication.
(2)
Except as provided in paragraph
(3), no cause of action may be brought in any court or administrative agency
against any common carrier, or any of its affiliates, including their
officers, directors, employees, agents, or authorized representatives on
account of-
(A)
any
action which the carrier demonstrates was taken in good faith to restrict
access pursuant to paragraph (1) of this subsection; or
(B)
any
access permitted-
(i)
in
good faith reliance upon the lack of any representation by a provider of
communications that communications provided by that provider are
communications specified in subsection (b), or
(ii) because a specific
representation by the provider did not allow the carrier, acting in good
faith, a sufficient period to restrict access to communications described in
subsection (b).
(3)
Notwithstanding paragraph (2) of
this subsection, a provider of communications services to which subscribers
are denied access pursuant to paragraph (1) of this subsection may bring an
action for a declaratory judgment or similar action in a court. Any such
action shall be limited to the question of whether the communications which
the provider seeks to provide fall within the category of communications to
which the carrier will provide access only to subscribers who have previously
requested such access.
(d)
Sending or displaying offensive
material to persons under 18. Whoever-
(1)
in
interstate or foreign communications knowingly-
(A)
uses
an interactive computer service to send to a specific person or persons under
18 years of age, or
(B)
uses
any interactive computer service to display in a manner available to a person
under 18 years of age, any comment, request, suggestion, proposal, image, or
other communication that is obscene or child pornography, regardless of
whether the user of such service placed the call or initiated the
communication; or
(2)
knowingly permits any
telecommunications facility under such person's control to be used for an
activity prohibited by paragraph (1) with the intent that it be used for such
activity, shall be fined under title 18, United States Code, or imprisoned not
more than two years, or both.
(e)
Defenses. In addition to any
other defenses available by law:
(1)
No
person shall be held to have violated subsection (a) or (d) solely for
providing access or connection to or from a facility, system, or network not
under that person's control, including transmission, downloading, intermediate
storage, access software, or other related capabilities that are incidental to
providing such access or connection that does not include the creation of the
content of the communication.
(2)
The
defenses provided by paragraph (1) of this subsection shall not be applicable
to a person who is a conspirator with an entity actively involved in the
creation or knowing distribution of communications that violate this section,
or who knowingly advertises the availability of such
communications.
(3)
The
defenses provided in paragraph (1) of this subsection shall not be applicable
to a person who provides access or connection to a facility, system, or
network engaged in the violation of this section that is owned or controlled
by such person.
(4)
No
employer shall be held liable under this section for the actions of an
employee or agent unless the employee's or agent's conduct is within the scope
of his or her employment or agency and the employer (A) having knowledge of
such conduct, authorizes or ratifies such conduct, or (B) recklessly
disregards such conduct.
(5)
It is
a defense to a prosecution under subsection (a)(1)(B) or (d), or under
subsection (a)(2) with respect to the use of a facility for an activity under
subsection (a)(1)(B) that a person-
(A)
has
taken, in good faith, reasonable, effective, and appropriate actions under the
circumstances to restrict or prevent access by minors to a communication
specified in such subsections, which may involve any appropriate measures to
restrict minors from such communications, including any method which is
feasible under available technology; or
(B)
has
restricted access to such communication by requiring use of a verified credit
card, debit account, adult access code, or adult personal identification
number.
(6)
The
Commission may describe measures which are reasonable, effective, and
appropriate to restrict access to prohibited communications under subsection
(d). Nothing in this section authorizes the Commission to enforce, or is
intended to provide the Commission with the authority to approve, sanction, or
permit, the use of such measures. The Commission shall have no enforcement
authority over the failure to utilize such measures. The Commission shall not
endorse specific products relating to such measures. The use of such measures
shall be admitted as evidence of good faith efforts for purposes of paragraph
(5) in any action arising under subsection (d). Nothing in this section shall
be construed to treat interactive computer services as common carriers or
telecommunications carriers.
(f)
Violations of law required;
commercial entities, nonprofit libraries, or institutions of higher
education.
(1)
No
cause of action may be brought in any court or administrative agency against
any person on account of any activity that is not in violation of any law
punishable by criminal or civil penalty, and that the person has taken in good
faith to implement a defense authorized under this section or otherwise to
restrict or prevent the transmission of, or access to, a communication
specified in this section.
(2)
No
State or local government may impose any liability for commercial activities
or actions by commercial entities, nonprofit libraries, or institutions of
higher education in connection with an activity or action described in
subsection (a)(2) or (d) that is inconsistent with the treatment of those
activities or actions under this section: Provided, however, That nothing
herein shall preclude any State or local government from enacting and
enforcing complementary oversight, liability, and regulatory systems,
procedures, and requirements, so long as such systems, procedures, and
requirements govern only intrastate services and do not result in the
imposition of inconsistent rights, duties or obligations on the provision of
interstate services. Nothing in this subsection shall preclude any State or
local government from governing conduct not covered by this
section.
(g)
Application and enforcement of
other Federal law. Nothing in subsection (a), (d), (e), or (f) or in the
defenses to prosecution under subsection (a) or (d) shall be construed to
affect or limit the application or enforcement of any other Federal
law.
(h)
Definitions. For purposes of
this section--
(1)
The
use of the term "telecommunications device" in this
section-
(A)
shall
not impose new obligations on broadcasting station licensees and cable
operators covered by obscenity and indecency provisions elsewhere in this Act
[47 USCS §§ 151 et seq.];
(B)
does
not include an interactive computer service; and
(C)
in
the case of subparagraph (C) of subsection (a)(1), includes any device or
software that can be used to originate telecommunications or other types of
communications that are transmitted, in whole or in part, by the Internet (as
such term is defined in section 1104 of the Internet Tax Freedom Act (47
U.S.C. 151 note)).
(2)
The
term "interactive computer service" has the meaning provided in section
230(f)(2) [47 USCS § 230(f)(2)].
(3)
The
term "access software" means software (including client or server software) or
enabling tools that do not create or provide the content of the communication
but that allow a user to do any one or more of the
following:
(A)
filter, screen, allow, or
disallow content;
(B)
pick,
choose, analyze, or digest content; or
(C)
transmit, receive, display,
forward, cache, search, subset, organize, reorganize, or translate
content.
(4)
The
term "institution of higher education" has the meaning provided in section 101
of the Higher Education Act of 1965 [20 USCS § 1001].
(5)
The
term "library" means a library eligible for participation in State-based plans
for funds under title III of the Library Services and Construction Act (20
U.S.C. 355e et seq.).
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