facilitating the transfer of criminal jurisdiction from the United States District Court for the District of Columbia to the Superior Court of the District of Columbia pursuant to the District of Columbia Court Reform and Criminal Procedure Act of 1970." SEC. 10. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting immediately after part G (as redesignated by section 6(c) of this Act) the following: "PART H-CRIMINAL PENALTIES "SEC. 651. Whoever embezzles, willfully misapplies, steals, or obtains by fraud any funds, assets, or property which are the subject of a grant or contract or other form of assistance pursuant to this title, whether received directly or indirectly from the Administration, shall be fined not more than $10,000 or imprisoned for not more than five years, or both. "SEC. 652. Whoever knowingly and willfully falsifies, conceals, or covers up by trick, scheme, or device, any material fact in any application for assistance submitted pursuant to this title or in any records required to be maintained pursuant to this title shall be subject to prosecution under the provisions of section 1001 of title 18, United States Code. "SEC. 653. Any law enforcement program or project underwritten, in whole or in part, by any grant, or contract or other form of assistance pursuant to this title, whether received directly or indirectly from the Administration, shall be subject to the provisions of section 371 of title 18, United States Code." SEC. 11. Section 5108 (c) of title 5 of the United States Code is amended by inserting at the end thereof the following new paragraph: "(10) the Law Enforcement Assistance Administration may PART I-ATTORNEY GENERAL'S ANNUAL REPORT ON FEDERAL LAW 84 STAT, 1889 Ante, p. 473. 82 Stat. 1973 Ante, pp. 1885, 1887. 42 USC 3701. 62 Stat.. 749. 62 Stat. 701. 80 Stat. 453. Supra. SEC. 670. The Attorney General, in consultation with the appropriate officials in the agencies involved, within 90 days of the end of each fiscal year shall submit to the President and to the Congress an Annual Report on Federal Law Enforcement and Criminal Justice Assistance Activities setting forth the programs conducted, expenditures made, results achieved, plans developed, and problems discovered in the operations and coordination of the various Federal assistance programs relating to crime prevention and control, including, but not limited to, the Juvenile Delinquency Prevention and Control Act of 1968, the Narcotics Addict Rehabilitation Act 1968, the Gun Control Act 1968, the Criminal Justice Act of 1964, title XI of the Organized 42 USC 3801 Crime Control Act of 1970 (relating to the regulation of explosives), and title III of the Omnibus Crime Control and Safe Streets Act of 1968 (relating to wiretapping and electronic surveillance). TITLE II-STRICTER SENTENCES SEC. 13. Section 924 (c) of title 18, United States Code, is amended to read as follows: "(c) Whoever 82 Stat. 462. note. 82 Stat. 1213. 78 Stat. 552. 84 STAT. 1890 62 Stat. 844; 82 Stat. 237. 62 Stat. 684. (1) uses a firearm to commit any felony for which he may be prosecuted in a court of the United States, or "(2) carries a firearm unlawfully during the commission of any felony for which he may be prosecuted in a court of the United States, shall, in addition to the punishment provided for the commission of such felony, be sentenced to a term of imprisonment for not less than one year nor more than ten years. In the case of his second or subsequent conviction under this subsection, such person shall be sentenced to a term of imprisonment for not less than two nor more than twentyfive years and, notwithstanding any other provision of law, the court shall not suspend the sentence in the case of a second or subsequent conviction of such person or give him a probationary sentence, nor shall the term of imprisonment imposed under this subsection run concurrently with any term of imprisonment imposed for the commission of such felony." TITLE III-CRIMINAL APPEALS SEC. 14. (a) Section 3731 of title 18, United States Code, is amended (1) by striking out the first eight paragraphs and inserting in lieu thereof the following: "In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information as to any one or more counts, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution. "An appeal by the United States shall lie to a court of appeals from a decision or order of a district courts suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding."; (2) by striking out the word "or" in the ninth paragraph and inserting in lieu thereof a comma, and inserting "or order" following the word "judgment" in the same paragraph; (3) by striking out the last two paragraphs and inserting in lieu thereof a new paragraph as follows: "The provisions of this section shall be liberally construed to effectuate its purposes." (b) The amendments made by this section shall not apply with respect to any criminal case begun in any district court before the effective date of this section. TITLE IV-PROTECTION OF MEMBERS OF CONGRESS SEC. 15. Part I of title 18 of the United States Code is amended "Sec. "Chapter 18.-CONGRESSIONAL ASSASSINATION, 351. Congressional assassination, kidnaping, and assault; penalties. "§ 351. Congressional assassination, kidnaping, and assault; 66 penalties (a) Whoever kills any individual who is a Member of Congress or a Member-of-Congress-elect shall be punished as provided by sections 1111 and 1112 of this title. (b) Whoever kidnaps any individual designated in subsection (a) of this section shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual. "(c) Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished by imprisonment for any term of years or for life. (d) If two or more persons conspire to kill or kidnap any individual designated in subsection (a) of this section and one or more of such persons do any act to effect the object of the conspiracy, each shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual. "(e) Whoever assaults any person designated in subsection (a) of this section shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if personal injury results, shall be fined not more than $10,000, or imprisoned for not more than ten years, or both. "(f) If Federal investigative or prosecutive jurisdiction is asserted for a violation of this section, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated. "(g) Violations of this section shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding." 84 STAT 1891 62 Stat. 756. 18 USC 1111, 1112. SEC. 16. Paragraph (c), subsection (1), section 2516, title 18, United States Code, is amended by striking the word "or" in the last phrase 82 Stat. 217. of the subsection and inserting at the end thereof between the parenthesis and the semicolon "or section 351 (violations with respect to congressional assassination, kidnaping, and assault)". SEC. 17. The table of contents to part I of title 18, United States Code, is amended by inserting after the following chapter reference: "17. Coins and currency. a new chapter reference as follows: "18. Congressional assassination, kidnapping, and assault....... TITLE V-PROTECTION OF THE PRESIDENT 331" 351" SEC. 18. Title 18, United States Code, is amended by adding the following new section after section 1751: "§ 1752. Temporary residence of the President (a) It shall be unlawful for any person or group of persons 62 Stat. 683; 79 Stat. 580. 84 STAT. 1892 Former Presidents and families, protection. 65 Stat. 122; 82 Stat. 1198. 18 USC 3056. 82 Stat. 224. 18 USC 2510 note. "(i) any building or grounds designated by the Secretary of the Treasury as temporary residences of the President or as temporary offices of the President and his staff, or "(ii) any posted, cordoned off, or otherwise restricted area of a building or grounds where the President is or will be temporarily visiting, in violation of the regulations governing ingress or egress thereto : "(2) with intent to impede or disrupt the orderly conduct of Government business or official functions, to engage in disorderly or disruptive conduct in, or within such proximity to, any building or grounds designated in paragraph (1) when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions; "(3) willfully and knowingly to obstruct or impede ingress or egress to or from any building, grounds, or area designated or enumerated in paragraph (1); or "(4) willfully and knowingly to engage in any act of physical violence against any person or property in any building, grounds, or area designated or enumerated in paragraph (1). "(b) Violation of this section, and attempts or conspiracies to commit such violations, shall be punishable by a fine not exceeding $500 or imprisonment not exceeding six months, or both. "(c) Violation of this section, and attempts or conspiracies to commit such violations, shall be prosecuted by the United States attorney in the Federal district court having jurisdiction of the place where the offense occurred. "(d) The Secretary of the Treasury is authorized 66 "(1) to designate by regulations the buildings and grounds which constitute the temporary residences of the President and the temporary offices of the President and his staff, and (2) to prescribe regulations governing ingress or egress to such buildings and grounds and to posted, cordoned off, or otherwise restricted areas where the President is or will be temporarily visiting. "(e) None of the laws of the United States or of the several States and the District of Columbia shall be superseded by this section." SEC. 19. Section 3056, title 16, United States Code, is amended by designating the present paragraph as "(a)" and adding a new paragraph at the end thereof as follows: "(b) Whoever knowingly and willfully obstructs, resists, or interferes with an agent of the United States Secret Service engaged in the performance of the protective functions authorized by this section, by the Act of June 6, 1968 (82 Stat. 170), or by section 1752 of title 18, United States Code, shall be fined not more than $300 or imprisoned not more than one year, or both.” TITLE VI-WIRETAP COMMISSION SEC. 20. (a) Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (82 Stat. 211) is amended by striking subsection (g) of section 804 and inserting the following: (g) (1) The Commission or any duly authorized subcommittee or member thereof may, for the purpose of carrying out the provisions of this title, hold such hearings, sit and act at such times and places, administer such oaths, and require by subpena or otherwise the attendance and testimony of such witnesses and the production of such books, Commission or such subcommittee or member may deem advisable. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission or before such subcommittee or member. Subpenas may be issued under the signature of the Chairman or any duly designated member of the Commission, and may be served by any person designated by the Chairman or sucli member. (2) In the case of contumacy or refusal to obey a subpena issued under subsection (1) by any person who resides, is found. or transacts business within the jurisdiction of any district court of the United States, the district court, at the request of the Chairman of the Commission, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee or member thereof, there to produce evidence if so ordered, or there to give testimony touching the matter under inquiry. Any failure of any such person to obey any such order of the court may be punished by the court as a contempt thereof. 84 STAT. 1893 (3) The Commission shall be 'an agency of the United States' under subsection (1), section 6001, title 18, United States Code for the pur- Ante, p. 926. pose of granting immunity to witnesses. "(4) Each department, agency, and instrumentality of the executive branch of the Government, including independent agencies, is authorized and directed to furnish to the Commission, upon request made by the Chairman, on a reimbursable basis or otherwise, such statistical data, reports, and other information as the Commission deems necessary to carry out its functions under this title. The Chairman is further authorized to call upon the departments, agencies, and other offices of the several States, to furnish, on a reimbursable basis or otherwise, such statistical data, reports, and other information as the Commission deems necessary to carry out its functions under this title." (b) Such title is further amended as follows: (1) in subsection (h) of section 804, strike "one-year" and insert "two-year", and (2) in subsection (k) of section 804, strike "six-year" and insert "fifth year". 82 Stat. 224. 18 USC 2510 note. (c) Section 1212 of the Organized Crime Control Act of 1970 is Repeal. hereby repealed. Approved January 2, 1971. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 91-1174 (Comm. on the Judiciary) and No. 91-1768 (Comm. of Conference). SENATE REPORT No. 91-1253 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 116 (1970): June 29, 30, considered and passed House. Oct. 6, 8, considered and passed Senate, amended. |