TITLE II-TECHNICAL AND CONFORMING AMENDMENTS Title II of S. 1, as reported, contains amendments to conform nontitle 18 provisions of the United States Code to the revised version of title 18 as set forth in title I of this legislation. These conforming amendments: (A) transfer approximately 200 sections contained in existing title 18 to other titles of the United States Code; (B) amend the transferred sections and all other sections outside title 18 describing Federal offenses in order to conform their culpability and sentencing provisions to the revised title 18; (C) repeal provisions outside title 18 which are now covered in the revised title 18; and (D) otherwise conform provisions outside title 18 to the revised title 18. The material following these introductory comments briefly describes the changes made in each section outside title 18 amended by this bill. Preceding the section-by-section description is an outline of the types of changes made. 1. Sections Moved From Title 18 As noted above, about 200 sections have been moved from existing title 18 to other titles of the United States Code. In the case of existing title 18 sections being moved to titles of the United States Code which have been enacted into positive law, the conforming amendments of this bill have been drafted as amendments to those titles. Where the Committee concluded that a section of existing title 18 should be moved to a title of the United States Code which has not been codified into positive law, the provision being transferred has been placed at the beginning of the conforming amendments to the title believed to be most appropriate and is given a section number of this bill in proper sequence. In a few instances, material to be included in a title which has not been enacted into positive law has been made an amendment to an existing act on the subject covered by the amendment and placed with the conforming amendments for the appropriate title. See, e.g., section 209 of the bill transferring a number of existing title 18 provisions to the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.). The sections moved from existing title 18 to other titles have also been conformed as discussed below. 2. Culpability Culpability standards throughout the United States Code have been conformed to those used in the new Criminal Code. Unlike the new title 18, however, if no culpability standard is specified, there is no assumption that a certain standard applies-rather, the result is that no culpability standard applies.1 Generally, the offenses outside title 18 for which no culpability standard is stated are offenses for which strict criminal culpability is intended because of the effect of the offense Under section 303 (a) (1) (B) of the Code, no state of mind must be proved for an offense outside title 18 or a regulation or rule issued under such statute if no culpability standard is stated. on public health. Other offenses which do not specify a culpability standard are business regulation offenses which by their nature are committed at least "knowingly" if committed at all. In the conforming amendments, the culpability standard in existing law is changed to "knowing" unless the text indicates otherwise." In a few sections, a culpability standard of "knowing" has been added where no culpability standard now exists, generally at the suggestion of the agency primarily responsible for administering the act or in the interests of consistency with similar statutes providing such a culpability standard. The Committee concluded that it was also desirable to conform the culpability standards in civil contexts to the terminology used in proposed title 18. First, in such statutes the same confusion now exists about the meaning of such words as "willfully" as exists in the criminal laws. Second, the civil and criminal provisions of many regulatory schemes are tied together so intimately that use of uniform culpability terminology is necessary to avoid confusion about the relationship between the civil and criminal remedies. As in the case of culpability standards for offenses outside title 18, the culpability standards have generally been conformed to the nearest standard in proposed title 18, and usually to the word "knowing." 3. Sentences 23 All sentences for non-title 18 offenses, unless otherwise noted in the section-by-section analysis, have been amended to retain the existing maximum sentence of imprisonment and to make the fines provided in the new title 18 applicable to all offenses unless the existing fine is higher than the fine which would result if section 2201 of title 18 were applied.1 Under the new Criminal Code, all felonies, with one type of exception, have been moved into title 18, and an appropriate repeal or amendment of the non-title 18 provision has been made. The exception occurs when an existing one-year misdemeanor has been retained as such, and existing law provides a higher sentence for a second or subsequent offense. In those provisions, the higher sentence for the second or subsequent offense has been retained as a Class E felony. A few existing offenses which are now felonies have been retained outside title 18 and reduced to Class A misdemeanors. This is generally done because the Committee concluded, in examining the spectrum of Federal offenses, that the offense did not warrant felony treatment because it was not as serious as offenses designated as felonies in the new title 18. In a few instances, an offense which is now a felony has been designated a Class A misdemeanor because the more serious violations of the provision are otherwise covered as felonies in the new Criminal Code. 4. Attempts, Conspiracies, and Complicity Generally, references in non-title 18 provisions relating to such matters as attempts, conspiracies, or complicity have been deleted as 2 Where culpability standards have been amended under this general rule, the sectionby-section analysis indicates this either by the word "culpability" or by a statement that culpability has been conformed to proposed title 18, without further elaboration. 3 The same general rule for description of these amendments to the civil laws has been followed in the section-by-section analysis as for the criminal laws. If the section-by-section analysis indicates for a given section only "sentence" or "sentence conformed to proposed title 18," the existig sentence of imprisonment and the proposed fine level in title 18 would apply to the offense. unnecessary because of the provisions on these matters in the new title 18 that generally apply to all Federal offenses. In some instances, however, language on attempt, conspiracy, or complicity has been retained where necessary to perpetuate case law development peculiar to the offense under a regulatory scheme or where its deletion might effect an unintended change in the civil law aspect of a regulatory scheme. This is not intended in any way to limit the application of the general provisions of title 18 to other parts of the same statute where appropriate. 5. Civil law In addition to the changes made with regard to the culpability standards contained in civil laws described above, amendments have been made to avoid alteration of the civil liabilities flowing from criminal convictions under some regulatory schemes. 6. Terminology In those instances in which the section-by-section analysis notes a change in terminology, the section has been amended to conform terminology in the section to the terminology of the Criminal Code with no intent to change the substance of the provision. In addition, conforming amendments to update references to the Drug Enforcement Administration and the United States magistrates have been made as well as amendments to conform the name of the United States Parole Commission to the changes made by this legislation. 7. Cross-references In those instances in which the section-by-section analysis indicates a change in a cross-reference, the cross-reference has been amended to preserve the effect of existing references. If the analysis indicates instead that a provision has been amended to refer to a particular section, this is generally a new cross-reference made to a provision of the new title 18 describing the offense for which punishment was previously provided in the section now containing the cross-reference. 8. Section-by-Section Analysis PART A-AMENDMENTS RELATING TO THE CONGRESS, TITLE 2, Section 201: (2 U.S.C. 25 note). The reference to the Federal Corrupt Prac Section 202: tices Act is amended to refer to the Federal Election Campaign Act of 1971 since the 1971 act repealed and replaced the earlier act. Section 66 of title 5 was repealed by section 21 of the act of June 25, 1948. The same subject matter was later enacted as section 209 of title 18, which has been transferred by this act to section 9108 of title 5. 5 Sections 1001 and 1002 and chapter 4 of the Code. PART A—AMENDMENTS RELATING TO THE CONGRESS, TITLE 2, UNITED STATES CODE—Continued Section 203: (2 U.S.C. 167g)- Section 204: Amended as to sentencing and name of court. The proviso relating to property damage has been deleted as covered in proposed sections 1701 to 1703 of title 18. (2 U.S.C. 192) ----- Repealed as covered in proposed sections 1332 and 1333 of title 18. Section 205: (2 U.S.C. 194)---- Amended to conform to the repeal of 2 U.S.C. 192. Section 206: (2 U.S.C. 266) ----- Substitutes for the reference to the Federal Corrupt Practices Act a reference to the Federal Election Campaign Act of 1971, which repealed and replaced the earlier act. Section 207: (2 U.S.C. 269)----- Subsection (a) is made a class B misdemeanor, which results in retaining the existing fine and lowering the maximum imprisonment from 1 year to 6 months. Subsection (b) is made a class A misdemeanor, which has the effect of retaining the existing fine and lowering the maximum imprisonment from 5 years to 1 year. (2 U.S.C. 270) -- Section 208: 111 Replaces references to the Federal Corrupt Practices Act with references to the Federal Election Campaign Act of 1971 which repealed and replaced the earlier act. (2 U.S.C. 390) ----- Repealed as covered in proposed sections 1332 and 1333 of title 18. Section 209: (2 U.S.C. —)----- Subsection (a) amends Title II of the Federal Election Campaign Act of 1971 to include criminal provisions related to elections which have been transferred from title 18, United States Code. Proposed section 201 of the act is taken from 18 U.S.C. 591. Section 202 is taken from 18 U.S.C. 600, and amended to conform sentencing language. The words "directly or indirectly" are deleted as covered in proposed chapter 10 of title 18. This section was retained even though it is covered in part in proposed section 1355 of title 18 if what is promised is Federal employment. Section 203 is de Title 3. Title 4. PART A-AMENDMENTS RELATING TO THE CONGRESS, TITLE 2, UNITED STATES CODE-Continued Section 209 (Cont'd.): rived from 18 U.S.C. 608, and amended to conform sentencing language. Section 204 is derived from 18 U.S.Č. 610 and conformed as to sentencing and culpability. Section 205 is derived from 18 U.S.C. 611 and conformed as to sentencing language. Subsection (b) of Code. section 209 amends section 311 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441) to conform the sentencing language to proposed title 18. Subsection (b) of section 311 has been omitted as unnecessary. PART B-AMENDMENT RELATING TO THE PRESIDENT, TITLE 3, UNITED STATES CODE Section 211: (3 U.S.C. 209)---- Derived from 18 U.S.C. 1752. Amended as to sentence and culpability language. References to attempts and conspiracies deleted as covered in proposed chapter 10 of title 18. PART C—AMENDMENTS RELATING TO THE FLAG AND SEAL, TITLE 4, UNITED STATES CODE Sentence. Derived from 18 U.S.C. 700. Amended as to sentencing language. Original subsection (c) omitted as covered in proposed. section 205 of title 18 (federal jurisdiction not pre-emptive). Derived from 18 U.S.C. 713 (a) and (c). Conformed as to sentencing language. Derived from 18 U.S.C. 713, except that use of likenesses of the Great Seal is covered in proposed section 43 of title 4. Conformed as to sentence. Derived from 18 U.S.C. 701 and conformed as to sentence. Derived from 18 U.S.C. 712. Amended to cover collection of debts of the offender as well as those of another and to conform to the sentencing provisions of proposed title 18. The amendment as to collection of debts overrules the decision in United States v. Boneparth, 456 F.2d 497 (2d Cir. 1972). (See Hearings, p. |