d. Travel Documentation of Aliens and Citizens 1

Partial text of the Immigration and Nationality Act of 1952, Act of June 27, 1952 (H R. 5678] 66 Stat. 190; 8 U.S.C. 1185, as amended by Public Law 95-426 [Foreign Relations Authorization Act, Fiscal year 1979; H.R. 12598], 92 Stat. 963 at 992, approved October 7, 1978

Sec. 215. (a) Unless otherwise ordered by the President, it shall be unlawful-2

(1) for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe;

(2) for any person to transport or attempt to transport from or into the United States another person with knowledge or reasonable cause to believe that the departure or entry of such other person is forbidden by this section;

(3) for any person knowingly to make any false statement in an application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for another;

(4) for any person knowingly to furnish or attempt to furnish or assist in furnishing to another a permit or evidence of permission to depart or enter not issued and designed for such other person's use;

(5) for any person knowingly to use or attempt to use any permit or evidence of permission to depart or enter not issued and designed for his use;

(6) for any person to forge, counterfeit, mutilate, or alter, or cause or procure to be forged, counterfeited, mutilated, or altered, any permit or evidence of permission to depart from or enter the United States;

(7) for any person knowingly to use or attempt to use or furnish to another for use any false, forged, counterfeited, mutilated, or altered permit, or evidence of permission, or any permit or evidence of permission which, though originally valid, has become or been made void or invalid.

(b) 3 Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid passport.

1 See also Sec. K, volume II and nage 655, volume III.

2 Sec. 707 of Public Law 95-426 (92 Stat. 992) struck out the words to this point in Sec. 215 (a) and added this phrase.

3 Subsection (b) was amended and restated by Sec. 707(b) of Public Law 95-426 (92 Stat. 992).

(c) The term "United States" as used in this section includes the Canal Zone, and all territory and waters, continental or insular, subject to the jurisdiction of the United States. The term "person" as used in this section shall be deemed to mean by individual, partnership, association, company, or other incorporated body of individuals, or corporation, or body politic.

(d) Nothing in this section shall be construed to entitle an alien to whom a permit to enter the United States has been issued to enter the United States, if upon arrival in the United States, he is found to be inadmissible under any of the provisions of this Act, or any other law, relating to the entry of aliens into the United States.

(e) The revocation of any rule, regulation, or order issued in pursuance of this section shall not prevent prosecution, for any offense committed, or the imposition of any penalties or forfeitures, liability for which was incurred under this section prior to the revocation of such rule, regulation, or order.

(f) Passports, visas, reentry permits, and other documents required for entry under this Act may be considered as permits to enter for the purposes of this section."

• Sec. 707 (d) of Public Law 95-426 (92 Stat. 993) struck out subsection (c) and redesignated subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f), respectively.

Sec. 707 (c) of Public Law 95-426 (92 Stat. 993) struck out the word "proclamation" which previously appeared at this point.

See also United States v. Laub, 385 U.S. 475 (1967), to the effect that a conviction did not lie under Sec. 215(b) of the Immigration and Nationality Act of 1952, 8 U.S.C. 1185(b), which was the basis of the criminal charge in that case.

e. Criminal provisions

(1) Punishable Violations

Partial text of Public Law 80–772 [H.R. 3190], 62 Stat. 683 at 771; 18 U.S.C. 1541–1545, approved June 25, 1948

Sec. 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.

Sec. 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.

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

Sec. 1544. Misuse of Passport.

Whoever willfully and knowingly uses, or attempts to use, an▾ 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.

Sec. 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.

(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:

❝g 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 afore-mentioned sections, unless the indictment is found or the information is instituted within ten years after the commission of the offense."

36-588 O-79-44

4. 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 [H.R. 18012], 84 Stat. 1578, approved December 24, 1970; Public Law 93-47 [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 [S. 1517], 89 Stat. 756, approved November 29, 1975; Public Law 94-350 [S. 3168], 90 Stat. 823, approved July 12, 1976; Public Law 95-45 [H.R. 5040], 91 Stat. 221, approved June 15, 1977; and by Public Law 95-105 [H.R. 6689], 91 Stat. 844 at 845, approved August 17, 1977.

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 2 (a) 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 agencies of the United States Government there maintained. The space in such buildings shall be allotted by the Sec. retary of State among the several agencies of the United States Government.

3

(b) Payments made for rent or otherwise by the United States from funds other than appropriations made to carry out✦ ✦ this

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

Sec. 1 as amended and restated by Public Law 70-586 (45 Stat. 971); further amendments by Public Law 88-94 (77 Stat. 122) and Public Law 89-636 (80 Stat. 881), are also incorporated.

3 Sec. 2 of Public Law 89-636 (80 Stat. 881), inserted the "(a)" and added subsection (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).

5 See also Sec. 105 of the Foreign Relations Authorization Act, Fiscal Year 1979 (92 Stat. 965) which directed the Secretary of State to implement projects for the application of solar energy or other forms of renewable energy in buildings acquired under this section (page 441 of text).

See 2(b) (4) of Public Law 89-94 (77 Stat. 121), added "The space in such buildings shall be allotted by the Secretary of State"..