394 1 or service in the armed forces or any of the requirements of this title, or of 2 3 4 said rules, regulations, or directions," and "or any person or persons who shall knowingly hinder or interfere or attempt to do so in any way, by force or violence or otherwise, with the administration of this title or the 5 rules or regulations made pursuant thereto,"; and 6 7 (3) by amending subsection (d) to read as follows: "(d) Notwithstanding the provisions of section 511 of title 18, United States 8 Code, no person shall be prosecuted, tried, or punished for evading, neglecting, or 9 refusing to perform the duty of registering imposed by section 3 of this title 10 unless the indictment is found within eight years next after such person attains the age of eighteen, or within five years of the day when such person is first 12 required to perform his duty to register, whichever is later.". 11 13 14 15 SEC. 707. Section 2(a)(6) of the Act of June 29, 1940 (50 U.S.C. App. 1152(a)(6)) is amended by deleting ", civil or criminal," SEC. 708. The last sentence of section 403(c)(5)(A) of the Renegotiation Act 16 (50 U.S.C. App. 1191(c)(5)(A)) is amended by deleting "or who knowingly furnishes any such statement, information, records, or data concerning information 18 which is false or misleading in any material respect,". 17 19 SEC. 709. Section 3(h) of the Renegotiation Act of 1948 (50 U.S.C. App. 20 1193(h)) is amended by deleting "or who knowingly furnishes any such information, records, or data containing information which is false or misleading in any material respect,". 21 22 23 24 SEC. 710. The last sentence of section 105(e)(1) of the Renegotiation Act of 1951 (50 U.S.C. 1215(e)(1)) is amended by deleting "or who knowingly furnishes any statement, information, records, or data pursuant to this subsection contain26 ing information which is false or misleading in any material respect,". 25 27 SEC. 711. Section 706(b) of the Defense Production Act of 1950 (50 U.S.C. 28 App. 2156(b)) is amended by deleting “, criminal or civil,". 29 SEC. 712. Section 6(b) of the Export Administration Act of 1969 (50 U.S.C. 30 App. 2405(b)) is amended by deleting "shall be fined not more than five times the value of the exports involved or $50,000, whichever is greater, or imprisoned not 31 32 more than five years, or both" and substituting "commits an unlawful act that is 33 34 35 an offense punishable under section 1206 of title 18, United States Code". PART GG-MISCELLANEOUS AMENDMENTS SEC. 713. Section 2 of the Act of June 6, 1968 (82 Stat. 170), is amended by 36 deleting "3056" and substituting "3013(c)". 37 SEC. 714. Section 2 of the Act of October 23, 1962 (76 Stat. 1126), is amend38 ed by deleting the words "(except as they may apply to retired officers of the 39 armed forces of the United States)". 40 41 PART HH-RESERVATION OF JURISDICTION SEC. 721. The enactment of this Act does not modify or impair the jurisdiction 42 of any committee of the Senate to consider and report measures establishing 395 1 criminal offenses in connection with legislation within its jurisdiction under the 2 Standing Rules of the Senate or prescribing or altering penalties for committing 3 such offenses. 4 5 6 PART II-CROSS-REFERENCES SEC. 731. A reference to a provision of law that is replaced by section 101 or 201 of this Act, including a reference in a regulation, order, or other law, is 7 deemed to be a reference to the corresponding provision of this Act. To revise title 18 of the United States Code, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 7 (legislative day, JUNE 21), 1979 Mr. KENNEDY introduced the following bill; which was read twice and referred to the Committee on the Judiciary [Certain bracketed material may be omitted in the final version of the bill. Use of brackets also indicates alternative language, and certain technical and drafting questions.] 1 A BILL To revise title 18 of the United States Code, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States 2 of America in Congress assembled, That this Act may be cited as the "Criminal 3 Code Revision Act of 1979". TITLE I-REVISION OF TITLE 18 SEC. 101. Title 18 of the United States Code is amended to read as follows: 5 6 SUBTITLE TITLE 18-CRIMINAL CODE I. PROVISIONS OF GENERAL APPLICABILITY II. OFFENSES III. SENTENCING IV. ADMINISTRATION AND PROCEDURE V. ANCILLARY CIVIL PROCEEDINGS. 54-193 0- 7943 Sec. 101 1101 3101 5101 8101 1 As used in this title, the term (1) "act" means a voluntary bodily movement or activity, but does not include a reflex, convulsion, or movement or activity during a state of unconsciousness or sleep; (2) "actor" means a person who engages in the conduct required for the offense, whether or not a defendant in the case; (3) "anything of value" means any direct or indirect gain or advantage, or anything that might reasonably be regarded by the beneficiary as a direct or indirect gain or advantage, including a direct or indirect gain or advantage to any other person; (4) "bodily injury" means— (A) a cut, abrasion, bruise, burn, or disfigurement; (B) physical pain; (C) illness; (D) impairment of the function of a bodily member, organ, or mental faculty; or (E) any other injury to the body, no matter how temporary. (5) "conduct" means an act or a possession, or an omission to perform an act that the omitting person has a legal duty to perform; (6) "crime" means an offense other than an infraction; (7) "fraud" means (A) knowingly making a false statement; (B) intentionally omitting information from a statement necessary to prevent a portion of such statement from being misleading, or intentionally concealing a material fact, and thereby creating a false impression in such statement; 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (C) knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity; (D) knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or (E) knowingly using a trick, scheme, or device with intent to mislead; (8) "foreign power" means...; (9) "offense" means a violation of (A) Federal law for which a criminal penalty may be imposed; or (B) a State, local, or foreign law for which a criminal penalty may be imposed, if the context so indicates; (10) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States; (11) "to violate" a provision of law means to engage in the conduct prohibited by that provision in the circumstances and with the results and states of mind required for the prohibition; (12) "federally protected foreign individual" means— (A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any individual who has previously served in such capacity, and any member of any of those person's family, while in the United States; (B) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than such person's own country and any member of such person's family accompanying such person; (C) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of such person's family whose presence in the United States is in connection with the presence of such officer or employee; (D) any representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon such person's person, freedom, or dignity, and any member of his family then forming part of such person's household; or |