e. Criminal Provisions

(1) Punishable Violations

18 U.S.C. 1541–1546, as added by Public Law 80-772 [H.R. 3190], 62 Stat. 683 at 771, approved June 25, 1948; and amended by the Act of June 27, 1952 (66 Stat. 275); Public Law 94-550 (90 Stat. 2535), approved October 18, 1976; Public Law 99-603 (100 Stat. 3380), approved November 6, 1986; Public Law 100-525 (102 Stat. 2610), approved October 24, 1988; and Public Law 101-647 (104 Stat. 4926), approved November 29, 1990

§ 1541. Issuance Without Authority.

Whoever, acting or claiming to act in any office or capacity under the United States, or a State or possession, without lawful authority grants, issues, or verifies any passport or other instrument in the nature of a passport to or for any person whomsoever;

or

Whoever, being a consular officer authorized to grant, issue, or verify passports, knowingly and willfully grants, issues, or verifies any such passport to or for any person not owing allegiance, to the United States, whether a citizen or not

Shall be fined not more than $500 or imprisoned not more than one year, or both.

§ 1542. False Statement in Application and Use of Passport.

Whoever willfully and knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws; or

Whoever willfully and knowingly uses, or attempts to use, or furnishes to another for use any passport the issue of which was secured in any way by reason of any false statement—

Shall be fined not more than $2,000 or imprisoned not more than five years, or both.

§ 1543. Forgery or False Use of Passport.

Whoever falsely makes, forges, counterfeits, mutilates, or alters any passport or instrument purporting to be a passport, with intent that the same may be used; or

Whoever willfully and knowingly uses, or attempts to use, or furnishes to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the

same

Shall be fined not more than $2,000 or imprisoned not more than five years, or both.

§ 1544. Misuse of Passport.

Whoever willfully and knowingly uses, or attempts to use, any passport issued or designed for the use of another; or

Whoever willfully and knowingly uses, or attempts to use, any passport in violation of the conditions or restrictions therein contained or of the rules prescribed pursuant to the laws regulating the issuance of passports; or

Whoever willfully and knowingly furnishes, disposes of, or delivers a passport to any person, for use by another than the person for whose use it was originally issued and designed—

Shall be fined not more than $2,000 or imprisoned not more than five years, or both.

§ 1545. Safe Conduct Violation.

Whoever violates any safe conduct or passport duly obtained and issued under authority of the United States shall be fined not more than $2,000 or imprisoned not more than three years, or both.

§ 1546. Fraud and Misuse of Visas, Permits, and Other Documents.1

(a) 2 Whoever knowingly forges, counterfeits, alters, or falsely makes any immigrant or nonimmigrant visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States,3 or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; or

3

Whoever, except under direction of the Attorney General or the Commissioner of the Immigration and Naturalization Service, or other proper officer, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, or makes any print, photograph, or impression in the likeness of any immigrant or nonimmigrant visa, permit or other document required for entry into the United States, or has in

1 Public Law 99-603, as amended by Public Law 100-525, substituted "other documents" in lieu of "other entry documents" in section catchline.

The Act of June 27, 1952, made this section applicable to entry documents other than visas and permits.

2 Public Law 99-603, as amended by Public Law 100-525, designated existing text as subsec. (a), and added subsecs. (b) and (c).

3 Public Law 99-603, as amended by Public Law 100-525, substituted "permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States" in lieu of "or other document required for entry into the United States" and in lieu of "or document" in first paragraph.

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his possession a distinctive paper which has been adopted by the Attorney General or the Commissioner of the Immigration and Naturalization Service for the printing of such visas, permits, or documents; or

Whoever, when applying for an immigrant or nonimmigrant visa, permit, or other document required for entry into the United States, or for admission to the United States personates another, or falsely appears in the name of a deceased individual, or evades or attempts to evade the immigration laws by appearing under an assumed or fictitious name without disclosing his true identity, or sells or otherwise disposes of, or offers to sell or otherwise dispose of, or utters, such visa, permit, or other document, to any person not authorized by law to receive such document; or

Whoever knowingly makes under oath, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document containing any such false statement

Shall be fined under this title 5 or imprisoned not more than five years, or both.

(b) 2 Whoever uses—

(1) an identification document, knowing (or having reason to know) that the document was not issued lawfully for the use of the possessor,

(2) an identification document knowing (or having reason to know) that the document is false, or

(3) a false attestation,

for the purpose of satisfying a requirement of section 274A(b) of the Immigration and Nationality Act, shall be fined in accordance with this title, or imprisoned not more than two years, or both.

(c) 2 This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970.6

4 Public Law 94-550 inserted ", or as permitted under penalty of perjury under section 1746 of title 28, United States Code, knowingly subscribes as true," after "Whoever knowingly makes under oath".

5 Sec. 3550 of Public Law 101-647 (104 Stat. 4926) struck out "Shall be fined not more than in accordance with this title", and inserted in lieu thereof "Shall be fined under this title". Previously, Public Law 99-603, as amended by Public Law 100-525, substituted "in accordance with this title" in lieu of "not more than $2,000”.

6 Public Law 91-452 (84 Stat. 933), was repealed by sec. 1209(b) of Public Law 98-473.

(2) Statute of Limitations

Partial text of Act of June 30, 1951 [H.R. 2396], 65 Stat. 107, 18 U.S.C. 3291

AN ACT To amend chapter 213 of title 18 of the United States Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 213 of title 18 of the United States Code be amended by adding a new section to be known as section 3291, as follows:

"§ 3291. Nationality, citizenship and passports.

"No person shall be prosecuted, tried, or punished for violation of any provision of sections 1423 to 1428, inclusive, of chapter 69 and sections 1541 to 1544, inclusive, of chapter 75 of title 18 of the United States Code, or for conspiracy to violate any of the aforementioned sections, unless the indictment is found or the information is instituted within ten years after the commission of the offense."

5. Foreign Service Buildings

a. The Foreign Service Buildings Act, 1926, as amended

Public Law 69-186 [H.R. 10200], 44 Stat. 403, approved May 7, 1926, as amended by Public Law 70–586 [H.R. 10166], 45 Stat. 971, approved May 29, 1928; Public Law 79-33 [H.R. 685], 59 Stat. 53, approved April 19, 1945; Public Law 82-399 [H.R. 6661], 66 Stat. 140, approved June 19, 1952; Public Law 86-723 [S. 2633], 74 Stat. 847, approved September 8, 1960; Public Law 88-94 [H.R. 5207], 77 Stat. 121, approved August 12, 1963; Public Law 88-414 [H.R. 11754], 78 Stat. 387, approved August 10, 1964; Public Law 89-22 [H.R. 7064], 79 Stat. 112, approved May 29, 1965; Public Law 89-636 [H.R. 14019], 80 Stat. 881, approved October 10, 1966; Public Law 90-442 [H.R. 18065], 82 Stat. 461, approved July 30, 1968; Public Law 91-586 [Foreign Service Buildings Appropriations, H.R. 18012], 84 Stat. 1578, approved December 24, 1970; Public Law 93-47 [Foreign Service Buildings Appropriations, H.R. 5610], 87 Stat. 98, approved June 22, 1973; Public Law 93-263 [H.R. 12463], 88 Stat. 83, approved April 12, 1974; Public Law 94-141 [Foreign Relations Authorization Act, Fiscal Year 1976; S. 1517], 89 Stat. 756, approved November 29, 1975; Public Law 94-350 [foreign Relations Authorization Act, Fiscal Year 1977; S. 3168], 90 Stat. 823, approved July 12, 1976; Public Law 95-45 [Department of State Appropriations Authorization, Fiscal Year 1977; H.R. 5040], 91 Stat. 221, approved June 15, 1977; Public Law 95-105 [Foreign Relations Authorization Act, Fiscal Year 1978; H.R. 6689], 91 Stat. 844 at 845, approved August 17, 1977; by Public Law 98-164 [Department of State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017, approved November 22, 1983; Public Law 99-399 [Omnibus Diplomatic Security and Antiterrorism Act of 1986, H.R. 2151], 100 Stat. 863, approved August 27, 1986; Public Law 101-246 [Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 15, approved February 16, 1990; Public Law 102-138 [Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991; Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17, 1993

AN ACT For the acquisition of buildings and grounds in foreign countries for the use of the Government of the United States of America.1

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 2 (a) 3 the Secretary of State is empowered to acquire by purchase or construction in the manner hereinafter provided, within the limits of appropriations made to carry out this Act, or by exchange, in whole or in part, of any building or grounds of the United States in foreign countries and under the jurisdiction and control of the Secretary of State, sites and buildings in foreign capitals and in other foreign cities, and to alter, repair, and furnish such buildings for the use of the diplomatic and consular establishments of the United States, or for the purpose of consolidating within one or more buildings, the embassies, legation, consulates, and other agen

All references in this Act to the Foreign Service Buildings Commission were deleted by sec. 2 of Public Law 88-94 (77 Stat. 121).

222 U.S.C. 292. Sec. 1 was amended and restated by Public Law 70-586 (45 Stat. 971), and further amended by Public Law 88-94 (77 Stat. 122) and Public Law 89-636 (80 Stat. 881). 3 Sec. 2 of Public Law 89-636 (80 Stat. 881), inserted "(a)" and added subsec, (b).

*The words "to carry out" were substituted in lieu of “pursuant to" and "under authority of", respectively, by sec. 106(a) of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 845).