348 1 2 3 PART D-AMEndments RelaTING TO AGRICulture, Title 7, United STATES CODE SEC. 331. The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended as 4 follows: 5 6 7 8 9 10 11 12 13 14 15 16 17 (a) Sections 6(a) and 6(b) (7 U.S.C. 8 and 9) are amended (1) by adding "or of section 1763(a)(1) of title 18, United States Code, or of section 1731 of title 18, if there jurisdiction under section 1731(c)(19) of title 18," after "provisions of this Act" in subsection (a) and the second place they appear in subsection (b); and (2) by deleting "thereunder" and substituting "issued under those provisions". (b) Section 9 (7 U.S.C. 13) is amended (1) in subsection (b), by deleting "It shall be a felony punishable by a fine of not more than $500,000 or imprisonment for not more than five years, or both, together with the costs of prosecution" and substituting "It is an unlawful act that is an offense punishable under section 1763 of title 18, United States Code"; (2) in subsection (c), by deleting "(a),", and by adding "and in section 1731 of title 18, United States Code, if jurisdiction is based on section 1731(c)(19)," after "this section,"; (3) in subsections (d) and (e), by deleting "It shall be a felony punishable by a fine of not more than $100,000 or imprisonment for not more than five years, or both, together with the costs of prosecution" and substituting "It is an unlawful act that is an offense punishable under section 1763 of title 18, United States Code". (c) Section 6c, as added by section 211 of the Commodity Futures Trading 27 Commission Act of 1974 (7 U.S.C. 13a-1), section 6(c), as added by section 17 28 of the Act of February 19, 1968, and amended (7 U.S.C. 13b), and section 13(a), 29 30 as added by section 26 of the Act of February 19, 1968, and amended (7 U.S.C. 13c(a)), are amended by adding ", or of section 1763 of title 18, United States 31 Code, or of section 1731 of title 18, if there is jurisdiction under 1731(c)(19) of title 18," after "this Act" each place it appears in sections 6c and 13(a), and the 33 first place it appears in section 6(c). 32 34 (d) Section 6(c) is further amended by deleting "(a) or (b) of section 9 of this 35 Act, such person shall be guilty of a felony and, upon conviction thereof, shall be 36 subject to the penalties of said paragraph (a) or (b)" and substituting "(b) of 37 section 9 of this Act, or an offense within section 1731 of title 18, United States 38 Code, if jurisdiction of the offense is based on section 1731(c)(19) of title 18, the 39 person shall be subject to the applicable sentence prescribed for violation of those 40 provisions". 54-193 0 79 - 40 349 1 2 4 SEC. 332. Section 1952(k) of the United States Cotton Futures Act (7 U.S.C. 15b(k)) is amended by deleting “subsection (d)(3)” and substituting "section 1333 or 1343 of title 18, United States Code". SEC. 333. Section 9 of the United States Cotton Standards Act (7 U.S.C. 60) 5 is amended by deleting "or shall accept money or other consideration, either 6 directly or indirectly, for any neglect or improper performance of duty as such 7 licensee, or (c) any person who shall knowingly influence improperly or attempt 8 to influence improperly any person licensed under this Act in the performance of 9 his duties as such licensee relating to any transaction or shipment in commerce, or (d) any person who shall forcibly assault, resist, impede, or interfere with or influence improperly or attempt to influence improperly any person employed under this Act in the performance of his duties,". 10 11 12 13 14 15 SEC. 334. The United States Grain Standards Act (7 U.S.C. 71 et seq.) is amended as follows: (a) The proviso of section 8 (7 U.S.C. 84(d)) is amended to read as follows: 16 "Provided: That such person shall be considered in the performance of only offi17 cial inspection, official weighing, or supervision of weighing function as pre18 scribed by this Act or by the rules and regulations of the Administrator, as a 19 federal public servant for the purpose of determining the application of sections 1351 and 1352 of title 18, United States Code, and as a federal public servant who is a law enforcement officer for purposes of subchapters A and B of chapter 16 of title 18, United States Code.". 20 21 22 23 (b) Section 14(c), as added by section 1 of the Act of August 15, 1968 (7 24 U.S.C. 87c(c)), is amended by deleting "an employee of the Department of Agri25 culture assigned to perform inspection functions for the purposes of sections 1114 26 and 111" and substituting "a federal public servant who is a law enforcement 27 officer for purposes of subchapters A, B, and C of chapter 16. 28 SEC. 335. Section 14(b)(3) of the Federal Insecticide, Fungicide and Rodenti29 cide Act (7 U.S.C. 1367(b)(3)) is amended by deleting "shall be fined not more 30 than $10,000, or imprisoned for not more than three years, or both" and substi31 tuting "commits an unlawful act that is an offense described in section 1737 of title 18, United States Code". 32 33 SEC. 336. Section 30 of the United States Warehouse Act (7 U.S.C. 270) is 34 amended 35 36 37 38 39 40 41 42 (a) by deleting "forge, alter, counterfeit, simulate, or falsely represent, or"; (b) by deleting "or who shall issue or utter a false or fraudulent receipt or certificate, or change in any manner an original receipt or certificate subsequently to issuance by a licensee,"; (c) by deleting "convert to his own use, or"; (d) by deleting "court, and the" and substituting "court. The"; (e) by deleting "so" before "converted"; 2 3 4 5 6 7 8 9 10 350 (f) by adding "in violation of this section, or of section 1731 of title 18, United States Code, in connection with agricultural products stored in a licensed warehouse, or of subchapter E of chapter 17 of title 18 in connection with a license issued by the Secretary under this Act," after "removed"; and (g) in the last sentence (1) by deleting "or falsely represent"; and (2) by deleting "or who shall classify, grade, or weigh fraudulently," and substituting "of". SEC. 337. The last sentence of section 3 of the Cotton Statistics and Estimates Act (7 U.S.C. 473) is amended by deleting "or shall willfully give answers 12 that are false". 11 13 SEC. 338. The last sentence of section 3 of the Act of January 14, 1929 (7 14 U.S.C. 503) is amended by deleting "or shall willfully give answers that are false or misleading,". 15 16 SEC. 339. Section 10 of the Tobacco Inspection Act (7 U.S.C. 511i) is amend17 ed 18 19 (a) in subsection (d), by deleting ", or to issue any false certificate under this Act, or to accept money or other consideration, directly or indirectly, for any neglect or improper performance of duty as an inspector, sampler, or weigher"; and (b) in subsection (h), by deleting "; or for any person knowing that tobacco has been so loaded, packed, or arranged, to offer it for inspection or sampling without disclosing such knowledge to the inspector or sampler before inspection or sampling". 26 SEC. 340. The last sentence of section 3 of the Act of June 24, 1936 (7 27 U.S.C. 953) is amended by deleting "or shall willfully give answers that are false 28 and misleading". 29 SEC. 341. The last sentence of section 406 of the Sugar Act of 1948 (7 U.S.C. 30 1156) is amended by deleting "or furnishing willfully any false information". SEC. 342. The Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) is 32 amended as follows: 31 33 34 (a) The last sentence of section 373(a) (7 U.S.C. 1373(a)) is amended- 35 36 (2) by adding ", or a violation of section 1343 of title 18, United States Code, that involves such report or record," after "such violation" the (b) Section 3800(a), as added by section 501(3) of the Act of May 28, 1956 (7 39 U.S.C. 13800(a)), is amended by deleting "or making any false report or record". 40 SEC. 343. Section 312(b) of the Potato Research and Promotion Act (7 U.S.C. 41 2619(c)) is amended by deleting "criminal prosecution and shall be fined" and 42 substituting "a civil penalty of". 341 1 2 9 11 of the Potato Research and Promotion Act (7 U.S.C. 2622(b)); sections 215 (a)(3) and (a)(6), 241(a)(6)(E), 274 (a) and (c), 275, 276, 277, and 278 of the Immigra3 tion and Nationality Act (8 U.S.C. 1185 (a)(3) and (a)(6), 1251(a)(6)(E), 1324 (a) 4 and (c), 1325, 1326, 1327, and 1328); section 847 of title 10, United States 5 Code; section 816(d)(7) of the Act of October 7, 1975 (10 U.S.C. 2304 note); 6 section 2683 of title 10, United States Code; the twenty-fourth paragraph of 7 section 25(a) of the Federal Reserve Act (12 U.S.C. 630); section 15(b) of the 8 Agricultural Marketing Act (12 U.S.C. 1141j(b)); section 308 (b), (c), and (d) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1457 (b), (c), and 10 (d)); section 408(j)(3) of the National Housing Act (12 U.S.C. 1730a(j)(3)); the last sentence of section 204(c) of the Act of October 19, 1970 (12 U.S.C. 12 1784(c)); the last sentence of section 8(n) of the Federal Deposit Insurance Act 13 (12 U.S.C. 1818(n)); the last sentence of section 8(a) of the Bank Holding Com14 pany Act of 1956 (12 U.S.C. 1847(a)); sections 126 and 127 of the Act of 15 October 26, 1970 (12 U.S.C. 1956 and 1957); sections 211(1) and 213 of title 16 13, United States Code; the first paragraph of section 10 of the Federal Trade 17 Commission Act (15 U.S.C. 50); the last sentence of the first paragraph of sec18 tion 5 of the Webb-Pomerene Act (15 U.S.C. 65); the last sentence of section 19 20(b) of the Securities Act of 1933 (15 U.S.C. 77t(b)); the last sentence of section 20 21(c), the second sentence of section 27, section 30A, and section 32 (c)(1), (c)(2), 21 and (c)(3) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(c), 78aa, 22 78dd-1, and 78ff (c)(1), (c)(2), and (c)(3)); section 104 of the Foreign Corrupt 23 Practices Act of 1977 (15 U.S.C. 78dd-2); section 14(c) of the Securities Inves24 tor Protection Act of 1970 (15 U.S.C. 78jjj(c)); the last sentence of section 18(d) 25 and the second sentence of section 25 of the Public Utility Holding Company Act 26 of 1935 (15 U.S.C. 79r(d) and 79y); section 37, the last sentence of section 42(c), 27 and the second and third sentences of section 44 of the Investment Company Act 28 of 1940 (15 U.S.C. 80a-36, 80a-41(c), and 80a-43); the last sentence of section 29 209(c) and the second sentence of section 214 of the Investment Advisors Act of 30 1940 (15 U.S.C. 80b-9(c) and 80b-14); the last sentence of section 5(a) of the Act of June 13, 1960 (15 U.S.C. 298(a)); section 16 (a), (b)(1), (b)(2), (b)(3), and 32 (c) of the Small Business Act (15 U.S.C. 645 (a), (b)(1), (b)(2), (b)(3), and (c)); 33 section 15 (a), (b), (c), and (d) of the Commodity Credit Corporation Charter Act 34 (15 U.S.C. 714m (a), (b), (c), and (d)); the second sentence of section 10(c) of the 35 Act of February 22, 1935 (15 U.S.C. 715i(c)); the last sentence of section 14(d) 36 and the second sentence of section 22 of the Natural Gas Act (15 U.S.C. 37 717m(d) and 717u); the first paragraph of section of the Act of January 2, 38 1951 (15 U.S.C. 1172); sections 1 and 2 of the Act of September 13, 1961 (15 39 U.S.C. 1281 and 1282); section 916(b) of the Electronic Fund Transfer Act (15 40 U.S.C. 1693n(b)); section 6(a)(2)(C) of the Horse Protection Act of 1970 (15 41 U.S.C. 1825(a)(2)(C)); sections 6 and 10(b) of the Act of August 18, 1970 (16 42 U.S.C. 1a-3 and 1a-6(b)); section 1 of the Act of March 3, 1897 (16 U.S.C. 31 342 1 8 413); section 5(b) of the Act of March 16, 1934 (16 U.S.C. 718e(b)); the last |