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PART LL-AMENDMENTS RELATING TO SHIPPING, TITLE 46, UNITED STATES CODE-Continued

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Section 978:

(46 U.S.C.)--

Section 979:

Transferred from 18 U.S.C. 3620, and amended as to the cross-reference.

Contains the forfeiture provisions of 18 U.S.C. 2274. The substantive provisions are covered by proposed sections 1002 (criminal conspiracy), 1301 (obstructing a government function by fraud), 1701 (arson), 1702 (aggravated property destruction), and 1703 (property destruction) of title 18, among others.

(46 U.S.C. —)--- Transferred from 18 U.S.C. 2279, and amended to conform the sentence to proposed title 18.

Section 980:

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(46 U.S.C. 59)----- Amended to conform the cross-references to the amended version of 46 U.S.C. 58, to conform the culpability standard to proposed title 18, and to use civil terminology in a civil context.

Section 987:

(46 U.S.C. 62) –.

Section 988:

Repealed as obsolete in part and as covered in part by proposed section 1343 of title 18 (making a false statement).

(46 U.S.C. 77)----- Use of civil terminology in civil context.

PART LL-AMENDMENTS RELATING TO SHIPPING, TITLE 46, UNITED STATES CODE-Continued

Section 989:

(46 U.S.C. 831)---- Repealed as covered in proposed section 1343 of title 18 (making a false state

Section 990:

ment).

(46 U.S.C. 86h)---- Subsection (d) is amended to conform the sentence to proposed title 18. Subsection (e) is amended to make the offense a Class A misdemeanor rather than a 2year felony.

Section 991:

(46 U.S.C. 88g) --

Section 992:

(46 U.S.C. 91) – Section 993:

(46 U.S.C. 101)---Section 994:

(46 U.S.C. 142)‒‒‒

Section 995:

(46 U.S.C. 143)‒‒‒‒

Section 996:

Subsections (a), (b), and (c) are amended to use civil terminology in a civil context. Subsection (d) is amended to make the offense a Class B misdemeanor rather than a 3-month misdemeanor and to delete the reference to attempts as covered in proposed section 1001 of title 18. Subsection (e) is amended to conform the sentence to proposed title 18 and to delete the reference to complicity as covered in proposed chapter 4 of title 18.

Use of civil terminology in civil context.

Use of civil terminology in civil context.

Amended to delete material covered in proposed sections 1302 (obstructing a government function by physical interference), 1357 (tampering with a public servant), and 1358 (retaliating against a public servant) of title 18, and in proposed chapter 16 of title 18 (offenses against the person).

Amended to make the offense a Class A misdemeanor rather than a 2-year misdemeanor.

(46 U.S.C. 151) ---- Amended to conform the sentences to pro

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posed title 18.

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PART LL-AMENDMENTS RELATING TO SHIPPING, TITLE 46, UNITED STATES CODE-Continued

Section 998:

(46 U.S.C. 170) Subsection (7) (e) is amended as to crossreferences. Subsection (15) is amended to make knowing violation of the section or regulations a Class A misdemeanor and to omit references to death or bodily injury as subjects more appropriately prosecuted by the States.

Section 999:

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Use of civil terminology in civil context.

Use of civil terminology in civil context.
Culpability.

Use of civil terminology in civil context.

Use of civil terminology in civil context.

Culpability.

Culpability.

Culpability.

Use of civil terminology in civil context.
The third paragraph is deleted as covered

in proposed subchapter E of chapter 13
of title 18 (perjury, false statements, and
related offenses). The fourth paragraph
is amended to make the offense a Class A
misdemeanor rather than a 3-year fel-

ony.

Use of civil terminology in civil context.

The third sentence is repealed as covered in proposed subchapter E of chapter 13 of title 18 (perjury, false statements, and related offenses). The last sentence is amended to make the offense a Class A misdemeanor rather than a 3-year felony.

Use of civil terminology in civil context.

Use of civil terminology in civil context.

Subsection (g) is amended to conform the culpability standard to proposed title 18. Subsection (i) is repealed as covered in proposed sections 1315 (flight to avoid prosecution or giving testimony), 1322

PART LL-AMENDMENTS RELATING TO SHIPPING, TITLE 46, UNITED STATES CODE-Continued

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(46 U.S.C. 321)---- Amended to conform culpability to pro

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posed title 18 and to make the $500 civil penalty applicable only to those violations not covered by proposed title 18.

Culpability; cross-reference. Use of civil terminology in civil context.

Amended to refer to proposed sections 1741 (counterfeiting) and 1742 (forgery) of title 18.

(46 U.S.C. 324)---- Repealed as covered in proposed sections 1302 (obstructing a government function by physical interference), 1357 (tampering with a public servant), and 1358 (retaliating against a public servant) of title 18, and in proposed chapter 16 of title 18 (offenses against the person).

Section 1023:

(46 U.S.C. 369 (e))- Amended to refer to proposed section 1344 of title 18 (tampering with a government record).

Section 1024:
(46 U.S.C. 391a

(11))

Amended to conform sentence and culpability to proposed title 18, except that the

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PART LL-AMENDMENTS RELATING TO SHIPPING, TITLE 46, UNITED STATES CODE-Continued

Section 324 (Cont'd.) :

Section 1025:

(46 U.S.C. 398)---Section 1026:

(46 U.S.C. 402)‒‒‒‒ Section 1027:

(46 U.S.C. 403)____

Section 1028:

(46 U.S.C. 407)---Section 1029:

(46 U.S.C. 408)---

Section 1030:

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existing maximum fine of $50,000 for an
individual is retained unless application
of proposed section 2201 (c) of title 18
would result in a higher fine.

Use of civil terminology in civil context.
Use of civil terminology in civil context.

Repealed as covered in proposed section
1343 of title 18 (making a false state-
ment).

Use of civil terminology in civil context.

Amended to refer to proposed sections 1741 (counterfeiting) and 1742 (forgery) of title 18.

(46 U.S.C. 410) Offenses involving counterfeit or forged government stamps would be covered under proposed sections 1741 (counterfeiting) and 1742 (forgery) of title 18. Other offenses are designated Class A misdemeanors rather than 2-year felonies. References to organizational responsibility are omitted as covered in proposed chapter 4 of title 18. References to causing offenses are omitted as covered in proposed section 1003 of title 18 (criminal solicitation).

Section 1031:

(46 US.C. 413)---- Amended to conform the culpability standard to proposed title 18, to delete the reference to direct or indirect commission of the offense as covered in proposed chapter 4 of title 18, and to make the offense a Class A misdemeanor rather than a 5-year misdemeanor.

Section 1032:

(46 U.S.C. 436)---

Section 1033:

(46 U.S.C. 452)_.

Section 1034:

(46 U.S.C. 466b) ___

Section 1035:

(46 U.S.C. 471)‒‒‒ Section 1036:

(46 U.S.C. 479)

Use of civil terminology in civil context.
Sentence.

Culpability.

Use of civil terminology in civil context.

Use of civil terminology in civil context.

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