Notes on 18 U.S.C. § 1384 : US Code - Notes

Search Notes on 18 U.S.C. § 1384 : US Code - Notes

(June 25, 1948, ch. 645, 62 Stat. 765; May 24, 1949, ch. 139, Sec.
35, 63 Stat. 94; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H),
Sept. 13, 1994, 108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 18, U.S.C., 1940 ed., Sec. 518a (July 11, 1941,
ch. 287, 55 Stat. 583; May 15, 1945, ch. 126, 59 Stat. 168; May 15,
1946, ch. 258, 60 Stat. 182).
The word "whoever" was substituted for the words "person,
corporation, partnership, or association" in conformity with
section 1 of title 1, U.S.C., 1940 ed., General Provisions, as
amended and without change of substance.
The provisions with reference to punishment of persons subject to
military or naval law as provided in the Articles of War and the
Articles for the Government of the Navy were omitted, as was the
exception of such persons from the punishment provisions of this
section. The Articles of War and Articles for the Government of the
Navy are sufficiently complete in themselves to authorize the
adequate punishment of military or naval personnel for violations
of general criminal statutes as well as for disobedience of orders.
See Articles of War, Article 96, section 1568 of title 10, U.S.C.,
1940 ed., Army, and Articles for the Government of the Navy,
Articles 1, 4, 22, 23, section 1200, of title 34, U.S.C., 1940 ed.,
Navy.
The revised section, in this respect, places violations on the
same basis as other misdemeanors in violation of the general
statutes of the United States and authorizes punishment of persons
subject to military or naval law under such law, or in case the
military or naval authorities turn the violator over to the civil
authorities, the trial and punishment may be under the general law.
The phrase "and/or" appearing twice in section 581a of title 18,
U.S.C., 1940 ed., was deleted to avoid uncertainty and ambiguity.
Words "shall be deemed guilty of a misdemeanor" were omitted
because of definition of misdemeanor in section 1 of this title.
Changes were made in phraseology.
1949 ACT
This section [section 35] makes the following changes in section
1384 of title 18, U.S.C.:
1. In the first paragraph, substitutes "Secretary of the Army,
the Secretary of the Navy, the Secretary of the Air Force, and any
two or all of them" for "Secretary of the Army or the Secretary of
the Navy, or both", and substitutes "Army, the Navy, or the Air
Force," for "Army or the Navy, or both,", in view of the
establishment in 1947 of the Department of the Air Force, headed by
a Secretary.
2. In the second paragraph, substitutes "The Secretaries of the
Army, Navy, and Air Force" for "The Secretaries of the Army, and
Navy", for the same reason given in item 1 above.
3. In the third paragraph, substitutes "Department of the Army,
Navy, or Air Force" for "War or Navy Department" for the same
reason given in item 1 above.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $1,000" in first par.
1949 - Act May 24, 1949, made section applicable to the Air Force
which was established as a separate department in 1947, headed by a
Secretary.
TRANSFER OF FUNCTIONS
Secretary and Department of Health, Education, and Welfare
redesignated Secretary and Department of Health and Human Services
by section 3508(b) of Title 20, Education.
Functions of Federal Security Administrator transferred to
Secretary of Health, Education, and Welfare and all agencies of
Federal Security Agency transferred to Department of Health,
Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the
Appendix to Title 5, Government Organization and Employees. Federal
Security Agency and office of Administrator were abolished by
section 8 of Reorg. Plan No. 1 of 1953.