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

Section 1037:

(46 U.S.C. 481 (d))- Amended as to culpability and to make the offense a Class A misdemeanor rather than a 5-year felony.

Section 1038:
(46 U.S.C. 491) ---

Section 1039:

(46 U.S.C. 495) --

Section 1040:

Culpability.

Use of civil terminology in civil context.

(46 U.S.C. 497) Use of civil terminology in civil context. Section 1041:

(46 U.S.C. 498) --

Section 1042:

(46 U.S.C. 526n)-

Section 1043:

Use of civil terminology in civil context.

Amended to conform to the repeal by Public Law 92-75 of section 13 of the Act of April 25, 1940 (46 U.S.C. 5267), and its replacement by the Federal Boat Safety Act of 1971.

(46 U.S.C. 526p)-- Amended to use civil terminology in civil context and to delete the reference to 46 U.S.C. 526m which was repealed by Public Law 92-75.

Section 1044:

(46 U.S.C. 542a)-- Use of civil terminology in civil context. Section 1045:

(46 U.S.C. 563) --.

Section 1046:

(46 U.S.C. 567) --

Section 1047:

-

Sentence.

Use of civil terminology in civil context.

(46 U.S.C. 599) Subsections (a) and (d) are amended to conform the sentence to proposed title 18. Subsection (d) is also amended to refer to offenses covered in proposed section 1731 of title 18 (theft).

Section 1048:

(46 U.S.C. 623)--Section 1049:

(46 U.S.C. 643)

Use of civil terminology in civil context.

Subsection (a) is amended to refer to pro

posed sections 1741 (counterfeiting) and 1743 (criminal issuance of a written instrument) of title 18, and to make the remaining offense a Class C misdemeanor rather than one subject to one to three months' imprisonment. Subsection (g) is amended to make the offense of discrimination against a seaman a Class A misdemeanor in conformity with proposed title 18, and to designate the false statements offense as a violation of proposed section 1343 of title 18. Subsection

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

PART LL-AMENDMENTS RELATING TO SIIIPPING, TITLE 48, UNITED STATES CODE-Continued

Section 1062 (Cont'd.):

Section 1063:

Seventh is amended to conform culpability to proposed title 18 and to delete material covered in proposed sections 1701 (arson), 1702 (aggravated property destruction). 1703 (property destruction), and 1731 (theft) of title 18. Paragraph Eighth is amended to delete material covered in proposed sections. 1411 (smuggling) and 1731 (theft) of title 18.

(46 U.S.C. 707)--- Repealed as obsolete and inconsistent with federal practice.

Section 1064:

(46 U.S.C. 709) Amended to make the offense a Class C misdemeanor rather than a 3-month misdemeanor.

(46 U.S.C. 808). The offense is made a Class A misdemeanor

––

(46 U.S.C. 812)---

rather than a 5-year misdemeanor. Amended to make the offense a Class A misdemeanor, retaining the existing maximum fine of $25,000 for an individual offender unless application of proposed section 2201 (c) of title 18 would result in a higher fine. Fines for organizational offenders would be subject to proposed section 2201 of title 18. (46 U.S.C. 815) ---- Amended to conform culpability to pro

posed title 18 and to make the offense an infraction subject to up to 5 days' imprisonment not available under existing law. Retains the existing maximum fine for an individual of $5,000 unless applica

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

Section 1069 (Cont'd.):

Section 1070:

tion of proposed section 2201 (c) of title 18 would result in a higher fine. Fines for organizational offenders are covered in proposed section 2201 of title 18.

(46 U.S.C. 817b)--- The offense is made an infraction subject to up to 5 days' imprisonment not available under existing law, and retains the existing maximum fine of $10,000 for an individual offender.

(46 U.S.C. 817c) The offense is made an infraction subject to up to 5 days' imprisonment not available under existing law, and retains the existing maximum fine of $10,000.

Section 1071:

(46 U.S.C. 820)---- Repealed as covered in proposed sections 1343 (making a false statement) and

1344 (tampering with a government record) of title 18.

(46 U.S.C. 831 (b))- Amended to make the offense an infraction subject to up to 5 days' imprisonment. not available under existing law. Retains the maximum fine for an individual offender of $5,000 unless application of proposed section 2201 (c) of title 18 would result in a higher fine. Fines for organizational offenders would be covered by proposed section 2201 of title 18. (46 U.S.C. 835)---- Amended to delete the references to

(46 U.S.C. 836)
(46 U.S.C. 838)

(46 U.S.C. 839) ---.

Section 1072:

attempts and conspiracies as covered in proposed sections 1001 and 1002 of title. 18, and to make the offense a Class A misdemeanor rather than a 5-year misdemeanor.

Use of civil terminology in civil context. The second paragraph is repealed as covered in proposed section 1343 of title 18 (making a false statement).

The second paragraph is repealed in proposed section 1343 of title 18 (making a false statement).

(46 U.S.C. 941) Subsection (a) is amended to conform the culpability standard to proposed title 18. Subsection (b) is amended to make the offense a Class A misdemeanor rather than a 2-year misdemeanor, and to delete references to complicity as covered in proposed chapter 4 of title 18.

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

Section 1073:

(46 U.S.C. 1119a)-- Repealed as covered in part by proposed

(46 U.S.C. 1119b) -

Section 1074:

(46 U.S.C. 1132 (e))

section 1103 of title 18 (instigating overthrow or destruction of the government) and as otherwise obsolete. Cross-reference.

The offense is made an infraction subject to up to 5 days' imprisonment not available under existing law, and retains the existing fine of $50 per person illegally employed unless application of proposed section 2201 of title 18 would result in a higher fine.

(46 U.S.C. 1171(b)) The last sentence is repealed as covered in proposed section 1343 of title 18 (making a false statement).

(46 U.S.C. 1211 (4))
(46 U.S.C. 1223)---

(46 U.S.C. 1224)--

(46 U.S.C. 1225) –

(46 U.S.C. 1226) -

(46 U.S.C. 1228)

Culpability.

Subsections (a) and (f) are amended to
designate the offenses as Class A mis-
demeanors. Subsection (f) is also
amended to conform the culpability
standard to proposed title 18.

Amended to designate the offense as a Class
A misdemeanor.

Amended to designate the offense as a Class
A misdemeanor.

Amended to designate the offense as a
Class A misdemeanor.

The first paragraph (subsection (b) of
the statute as enacted) is repealed as
covered in the proposed amendments to
chapter 27 of title 46. The last para-
graph (subsection (d) of the statute as
enacted) is amended to conform the cul-
pability standard to proposed title 18
and to make the offense an infraction,
subject to up to 5 days' imprisonment
not available under existing law.

(46 U.S.C. 1276) Repealed as covered in proposed sections

Section 1075:

1301 (obstructing a government func

tion by fraud) and 1343 (making a false statement) of title 18.

(46 U.S.C. 1333 (e)) Amended to conform the sentence to pro

posed title 18, and to delete the reference to penalties for organizations as unnecessary under proposed title 18.