Reform of the Federal Criminal Laws

343

sections 209(b), 209(c), 301(d), 501(c), 522, and 528 of the Labor-Management

2 Reporting and Disclosure Act of 1959 (29 U.S.C. 439(b), 439(c), 461(d), 501(c),

602, and 608); section 10 of the Age Discrimination in Employment Act of 1967 4 (29 U.S.C. 629); section 17(g) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666(g)); section 9(a) of the Act of October 3, 1961 (30 U.S.C. 6 689(a)); sections 110(f) and 431 of the Federal Coal Mine Health and Safety Act 7 of 1969 (30 U.S.C. 820(f) and 941); sections 402(d), 518(g), and 704 of the

8 Surface Mining and Reclamation Act of 1977 (30 U.S.C. 1232(d), 1268(g), and 1294); the second sentence of section 3492 of the Revised Statutes (31 U.S.C. 10 233); sections 209, 210, and 211 of the Currency and Foreign Transactions

11 Reporting Act (31 U.S.C. 1058, 1059, and 1060); the last sentence of section 13

of the Act of June 20, 1874 (33 U.S.C. 364); sections 4300 to 4305 of the 13 Revised Statutes (33 U.S.C. 391 to 396); the fifth paragraph of section 3 of the 14 Act of June 29, 1888 (33 U.S.C. 447); the last sentence of section 4 of the Act 15 of August 21, 1935 (33 U.S.C. 506); the first sentence of section 22 of the Act of 16 March 1, 1893 (33 U.S.C. 682); sections 31 and 38(b) of the Longshoremen's 17 and Harbor Workers' Compensation Act (33 U.S.C. 931 and 938(b)); section 9 of 18 the Act of May 13, 1954 (33 U.S.C. 990); section 13(b)(2) of the Ports and 19 Waterways Safety Act (33 U.S.C. 1232(b)(2)); the last sentence of section 20 309(c)(1), and the last sentence of section 404(s)(4)(A), of the Federal Water 21 Pollution Control Act (33 U.S.C. 1320(c)(1) and 1344(s)(4)(A)); sections 787, 22 3501, 3502, and 5007 of title 38, United States Code; section 1008(b) of title 39, 23 United States Code; the proviso in section 8 of the Act of August 18, 1949 (40 24 U.S.C. 13m); the second sentence of section 15 of the Act of July 29, 1892 (40 25 U.S.C. 101); the proviso in section 6 of the Act of October 24, 1951 (40 U.S.C. 26 193(s)); section 14 of the Pennsylvania Avenue Development Corporation Act of 27 1972 (40 U.S.C. 883); section 4 of the Act of March 8, 1946 (41 U.S.C. 54); 28 sections 346(b), 346(c), and 1318(h) of the Public Health Service Act (42 U.S.C. 29 261(b), 261(c), and 300e-17(h)); sections 208 (a) through (g), 1114(h), 1632, 30 1877(a), 1877(b)(1), 1877(b)(2), 1877(c), the first sentence of section 1909(a), and 31 sections 1909(b)(1), 1909(b)(2), and 1909(c) of the Social Security Act (42 32 U.S.C. 408 (a) through (g), 1314(h), 1383a, 1395nn(a), 1395nn(b)(1), 1395nn(b)(2), 1395nn(c), 1396h(a), 1396h(b)(1), 1396h(b)(2), and 1396h(c)); section 203 of the War Hazards Compensation Act (42 U.S.C. 1713); sections 12(g) 35 and 13(0) of the National School Lunch Act (42 U.S.C. 1760(g) and 1761(0)); 36 sections 11, 12(a), 12(c), 202(i), and 301(b) of the Voting Rights Act of 1965 (42 37 U.S.C. 1973i, 1973j(a), 1973j(c), 1973aa-1(i) and 1873bb(b)); section 7(c) of the 38 Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd-3(c)); section 39 105(d) of the Civil Rights Act of 1957 (42 U.S.C. 1975d(d)); sections 1982, 40 1983, 1984, and 1988 of the Revised Statutes (42 U.S.C. 1987, 1989, and 41 1992); section 151 of the Act of September 9, 1957 (42 U.S.C. 1995); sections 42 714, 1101, and 1102 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-13,

344

1 2000h, and 2000h-1); the third sentence of section 157a. of the Atomic Energy 2 Act of 1954 (42 U.S.C. 2187(a)); section 626 of the Economic Opportunity Act

of 1964 (42 U.S.C. 2971f); section 710 of the Public Works and Economic De4 velopment Act of 1965 (42 U.S.C. 3220); sections 315 and 316 of the Narcotic 5 Addict Rehabilitation Act of 1966 (42 U.S.C. 3425 and 3426); the first sentence 6 of section 811(f), and section 901, of the Act of April 11, 1968 (42 U.S.C. 7 3611(f) and 3631); Part H of Title I of the Omnibus Crime Control and Safe 8 Streets Act (42 U.S.C. 3791 to 3793); the second sentence of section 11(a)(1) of 9 the Noise Control Act of 1972 (42 U.S.C. 4910(a)(1)); section 317(a) of the 10 Disaster Relief Act of 1974 (42 U.S.C. 5157(a)); paragraph (3), and the last sentence of, section 3008(d) of the Solid Waste Disposal Act (42 U.S.C. 12 6928(d)); section 3 of the Act of January 31, 1903 (43 U.S.C. 104); paragraph 13 (2) and the last sentence of section 24(c) of the Outer Continental Shelf Lands 14 Act (43 U.S.C. 1350(c)); the last sentence of section 303(a) of the Federal Land 15 Policy and Management Act of 1976 (43 U.S.C. 1733(a)); sections 4187 and 16 4191 of the Revised Statutes (46 U.S.C. 58 and 62); section 13 of the Act of 17 September 29, 1965 (46 U.S.C. 83i); section 4472(15) of the Revised Statutes 18 (46 U.S.C. 170(15); the third paragraph of section 5 of the Act of May 12, 1948 19 (46 U.S.C. 229e); the third sentence of section 4445 of the Revised Statutes (46 20 U.S.C. 231); sections 4450(i), 4376, 4417a(14)(B)(ii), 4425, and 4605 of the 21 Revised Statutes; (46 U.S.C. 239(i), 324, 391a(14)(B)(ii), 403, and 707); the 22 second paragraph of section 40, and the second paragraph of section 41, of the 23 Shipping Act, 1916 (46 U.S.C. 838 and 839); the last sentence of section 601(b), 24 section 806(b), and section 1106 of the Merchant Marine Act, 1936 (46 U.S.C. 25 1171(b), 1228, and 1276); sections 1, 2, and 11 of the Submarine Cable Act (47 26 U.S.C. 21, 22, and 31); sections 409(m) and 505 of the Communications Act of 27 1934 (47 U.S.C. 409(m) and 505); section 5576 of the Revised Statutes (48 28 U.S.C. 1417); section 8 of the Act of March 22, 1882 (48 U.S.C. 1461); the last 29 sentence of section 1(1) of the Act of February 10, 1903 (49 U.S.C. 41(1)); 30 section 902(g), the last sentence of section 902(h)(2), the last sentence of section 31 902(j), section 902 (k)(1), (Ŋ(1), (7)(2), (m), (n), and (p), and section 903(a) of the 32 Federal Aviation Act of 1958 (49 U.S.C. 1472 (g), (h)(2), (j), (k)(1), (Ŋ)(1), (Ŋ)(2), 33 (m), (n), and (p), and 1473(a)); section 25 of the Airport and Airway Development 34 Act of 1970 (49 U.S.C. 1725); the second sentence of section 110(b) of the 35 Hazardous Materials Transportation Act (49 U.S.C. 1809(b)); sections 11903(d), 36 11904 (a)(3) and (c)(3) and 11907, section 11909 (a)(1), (a)(2), (a)(5) (through 37 "Commission,"), and (b)(4), (b)(5), (b)(6), (c)(4), (c)(5), (c)(7) (through "Commis38 sion,"), (d)(4), (d)(5), and (d)(6), the last sentence of section 11909(c), section 39 11913, and the last sentence of section 11914(c) of title 49, United States Code; 40 sections 4(a) and 13(d)(3) of the Subversive Activities Control Act of 1950 (50 U.S.C. 783(a) and 792(d)(3)); section 109 of the Foreign Intelligence Surveil42 lance Act of 1978 (50 U.S.C. 1809); sections 6 and 7 of the Act of August 1,

351

PART E—AMRYONENTS RELATING TO ALIENS AND NATIONALITY, TITLE 8,
UNITED STATES CODE

Sec 1: The Lumigration and Nationality Act 18 US.C. 1101 et seq.) is 4 amended as followe

a Serton 106 as added section 5a of the Act of September 26, 1961 (8 6 TSC 16 mentest

(a subsection (115) by ading", or of section 1331, 1332, 1333, or 13.34 of the 18. United States Code. I the offense relates to proceedings ander section 242 of this Act." after "section 242 of this Act" each place it appears and

12 mmbsection (47) by adding "and with sections 1331, 1332, 1333, and 1334 of fine 18. United States Code, if the offense relates to proceedings under section 242 of this Act" after "subsections (d) and (e) of section 242 of this Act".

b. Section 212 8TS.C 1182) is amended

(1) in subsection (9), by amending the second sentence to read: "An alien who would be excludable because of the conviction of an offense for which the sentence actually imposed did not exceed a period of six months, or who would be excludable as one who admits the commission of an offense for which a sentence not to exceed one year imprisonment or both, might have been imposed upon him, may be granted a visa and admitted to the United States if otherwise admissible: Provided, That the alien has committed only one such offense, or admits the commission of acts which constitute the essential elements of only one such offense";

(2) in subsection (a)(19), by deleting "willfully misrepresenting a material fact" and substituting "making a material statement that he knows is false"; and

(3) in subsection (1), by adding “or false statement" after “perjury”.

(c) Section 215(a)(7) (8 U.S.C. 1185(a)(7)) is amended by deleting "false, 30 forged, counterfeited, mutilated, or altered permit, or evidence of permission, or

31 any".

(d) Section 241 (8 U.S.C. 1251) is amended

(1) in subsection (a)(5), by deleting "section 1546 of title 18 of the United States Code" and substituting "any of the following provisions of title 18, United States Code:

"(A) section 1301, 1341, or 1343 with regard to an application for registration as required under section 262 of this title and the provisions cited therein or with regard to an immigrant or nonimmigrant visa, permit, or other document for entry into the United States;

"(B) section 1126, 1211, or 1215;

"(C) section 1741, 1742, 1743, or 1744 if the offense involved a

written instrument that is or purports to be an immigrant or nonim

352

migrant visa, permit, or other document for entry into the United States; or

"(D) section 1745 if the offense involved a counterfeiting implement designed for or suited for making a counterfeited immigrant or nonimmigrant visa, permit, or other document for entry into the United States";

(2) in subsection (a)(7), by deleting "(and did not thereafter and prior to the date upon which such organization was registered or required to be registered under section 7 the Subversive Activities Control Act of 1950 have such knowledge or reason to believe)";

(3) by amending subsection (a)(17) to read as follows:

"(17) the Attorney General finds to be an undesirable resident of the United States because he has been convicted of a violation or conspiracy to violate a provision of any of the following or an amendment or predecessor thereto, the judgment on the conviction having become final: section 1101, 1102, 1111, 1112, 1114, 1117, 1121, 1122, 1123, 1124, or 1201 of title 18, United States Code; section 1311(a)(1)(A) of title 18, United States Code, if the person who is harbored or concealed or whose identity is concealed has committed, or is charged with or being sought for, an offense under section 1111, 1112, 1121, 1122, 1123, or 1124 of title 18; or section 1614, 1615, or 1616 of title 18, if the victim of the offense is the President or a successor to the Presidency, as defined in section 111 of this title 18; an Act entitled 'An Act to punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes', approved June 15, 1917, or the amendment thereof approved May 16, 1918; section 215 of this Act; an Act entitled 'An Act to authorize the President to increase temporarily the Military Establishment of the United States', approved May 18, 1917, or any amendment thereof or supplement thereto; the Selective Training and Service Act of 1940; the Selective Service Act of 1948; the Universal Military Training and Service Act; the Trading with the Enemy Act; or". (e) Section 242 (8 U.S.C. 1252) is amended

(1) in the last sentence of subsection (d), by deleting "appear or to give information or" and "or knowingly give false information in relation to the requirements of such regulations,"; and

(2) in the first sentence of subsection (e), by deleting "upon conviction be guilty of a felony, and shall be imprisoned not more than ten years" and substituting "commit an unlawful act that is an offense described in section 1211(a)(4) of title 18, United States Code".

(f) Section 266 (8 U.S.C. 1306) is amended

(1) in subsection (c)—

4 telering "Ties” and suscipiting "s curricted of fling"; and 3 by teering *mail de guity of a misdemeanor and shall, upon sumezu bereit be fired out as exceed $1,000 or imprisoned not

Dove for as mamins, or both, and any sien so convicted"; and 9 jy mening subsection iʼn na read as inlows:

"d The &tumes Sever may prestrite rules and regulations concerning

7 when a person may manga, prat, or a sny numer make or execute an ég rt, or ingressin a dhe ikeness of a certificate of alien registration or an uien regstration mecage cart or a coiurable mication thereof.".

Seman 1976 & TAC. 13576) is amended by deleting “; and any person 20 CM SUA vach has been administered for who has executed an unsworn 12 declaracım, senficace, verificación, or statement under pensity of perjury sa per13 mined under section 1745 of arde 38. United States Code) under the provisions of 24 shus Act, who mal knowng? or wilfuly give false evidence or swear (or sub15 serie under penalty of perjury as permitted under section 1746 of title 28, 16 med Stased Codey to any false statement concerning any matter referred to in 17 stis subsection mal be guity of perjury and shall be punished as provided by 18 section 1341, de 18, United States Code”.

6. Section 340g 8 US.C. 1451-g® is amended.—

(1) by deleting “section 1425" and substituting "section 1215"; and

(2) by adding for under section 1301, 1341, 1343, 1741, 1742, or 1743 of titie 18 if the cñense involves procuring naturalization," after “violation of law.".

@) Section 349%87) (8 U.S.C. 1481(a)(7) is amended by deleting "section 25 2383 of title 18, United States Code, or willfully performing any act in violation 26 of section 2385 of title 18, United States Code, or violating section 2384 of said 27 title by engaging in a conspiracy to overthrow, put down, or to destroy by force 28 the Government of the United States, or to levy war against them" and substi29 tuting "section 1101 or 1102 of title 18".

30 PART F—AMENDMENTS RELATING TO ARMED FORCES, Title 10, United

STATES CODE

SEC. 361. Section 772(f) of title 10, United States Code, is amended by delet33 ing "if the portrayal does not tend to discredit that armed force”.

SEC. 362. Section 2671(c) of title 10, United States Code, is amended by 35 deleting "a like offense and is subject to a like punishment" and inserting in lieu 36 thereof "an offense under section 1861 of title 18".

37 PART G—AMENDMENTS RELATING TO BANKS AND Banking, Title 12,

UNITED STATES CODE

SEC. 371. The second sentence of section 1(h) of the Act of September 28, 40 1962 (12 U.S.C. 92a(h)), is amended by deleting "may be fined not more than 41 $5,000, or imprisoned not more than five years, or may be both fined and impris

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Reform of the Federal Criminal Laws: Hearings, Ninety-second Congress, First ...