84 STAT, 1887 (b) If the Administration determines, on the basis of information available to it during any fiscal year, that a portion of the funds granted to an applicant for that fiscal year will not be required by the applicant or will become available by virtue of the application of the provisions of section 509 of this title, that portion shall be available 82 Stat. 206. for reallocation under paragraph (2) of subsection (a) of this 42 USC 3757. section." (b) Section 601 of such Act is amended by inserting at the end 42 USC 3781. thereof the following new subsection: "(1) The term 'correctional institution or facility' means any place for the confinement or rehabilitation of juvenile offenders or individuals charged with or convicted of criminal offenses." (c) Part E and part F of title I of such Act are redesignated as part F and part G, respectively. ADMINISTRATIVE PROVISIONS SEC. 7. Part F of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (as redesignated by section 6(c) of this Act) is amended as follows: 66 (1) Section 505 is amended by striking "section 5315" and inserting "section 5314" and by striking “(90) and inserting “(55)”. (2) Section 506 is amended by striking "section 5316" and inserting "section 5315" and by striking (126)" and inserting “(90)". (3) Section 508 is amended by inserting the following before the period at the end of the section: ", and to receive and utilize, for the purposes of this title, property donated or transferred for the purposes of testing by any other Federal agencies, States, units of general local government, public or private agencies or organizations, institutions of higher education, or individuals." "Correctional institution or facility." 82 Stat. 205. 42 USC 3751, 3781. Supra. 5 USC 5315. 5 USC 5316. 42 USC 3756. (4) Section 515 is amended by inserting at the end thereof the fol- 42 USC 3763. lowing new sentence: "Funds appropriated for the purposes of this section may be expended by grant or contract, as the Administration may determine to be appropriate." (5) Section 516(a) is amended by striking out the period and 42 USC 3764. inserting in lieu thereof the following: ", and may be used to pay the transportation and subsistence expenses of persons attending conferences or other assemblages not withstanding the provisions of the Joint Resolution entitled 'Joint Resolution to prohibit expenditure of any moneys for housing, feeding, or transporting conventions or meetings', approved February 2, 1935 (31 U.S.C. Sec. 551)." (6) Section 517 is amended to read as follows: "SEC. 517. (a) The Administration may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates of compensation for individuals not to exceed the daily equivalent of the rate authorized for GS-18 by section 5332 of title 5, United States Code. "(b) The Administration is authorized to appoint, without regard to the civil service laws, technical or other advisory committees to advise the Administration with respect to the administration of this title as it deems necessary. Members of those committees not otherwise in the employ of the United States, while engaged in advising the Administration or attending meetings of the committees, shall be compensated at rates to be fixed by the Administration but not to exceed the daily equivalent of the rate authorized for GS-18 by section 5332 of title 5 of the United States Code and while away from home or regular place of business they may be allowed travel expenses, includ 49 Stat. 19. 82 Stat. 207. 42 USC 3765. 80 Stat. 416. Ante, p. 198-1. 84 STAT, 1888 80 Stat. 499; President and 82 Stat. 208. Appropriation. 42 USC 208. Ante, p. 1885. Ante, p. 1882. Recordkeeping. 42 USC 3769. 80 Stat. 460. 80 Stat. 460; 83 Stat. 864. 5 USC 5313 and note. 82 Stat. 209. enforcement." ing per diem in lieu of subsistence, as authorized by section 5703 of such title 5 for persons in the Government service employed intermittently." (7) Section 519 is amended to read as follows: "SEC. 519. (a) On or before December 31 of each year, the Administration shall report to the President and to the Congress on activities pursuant to the provisions of this title during the preceding fiscal year. "(b) Not later than May 1, 1971, the Administration shall submit to the President and to the Congress recommendations for legislation to assist in the purposes of this title with respect to promoting the integrity and accuracy of criminal justice data collection, processing, and dissemination systems funded in whole or in part by the Federal Government, and protecting the constitutional rights of all persons covered or affected by such systems." (8) Section 520 is amended to read as follows: "SEC. 520. There is authorized to be appropriated $650,000,000 for the fiscal year ending June 30, 1971, of which $120,000,000 shall be for the purposes of part E; $1,150,000,000 for the fiscal year ending June 30, 1972, and $1,750,000,000 for the fiscal year ending June 30, 1973. Funds appropriated for any fiscal year may remain available for obligation until expended. Beginning in the fiscal year ending June 30, 1972, and in each fiscal year thereafter there shall be allocated for the purposes of part E an amount equal to not less than 20 per centum of the amount allocated for the purposes of Part C." (9) Section 521 is amended by inserting at the end thereof the following new subsection: (c) The provisions of this section shall apply to all recipients of assistance under this Act, whether by direct grant or contract from the Administration or by subgrant or subcontract from primary grantees or contractors of the Administration." SEC. 8. (a) Section 5314 of title 5, United States Code, is amended by striking (1) Deputy Attorney General," and renumbering “(2)" through "(54) respectively "(1)" through "(53)". (b) Section 5313 of title 5, United States Code, is amended by adding at the end thereof "(20) Deputy Attorney General.” DEFINITIONS SEC. 9. Section 601 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows: (1) Subsection (a) is amended to read as follows: "Law enforcement means any activity pertaining to crime prevention. control or reduction or the enforcement of the criminal law, including, but not limited to police efforts to prevent, control, or reduce crime or to apprehend criminals, activities of courts having criminal jurisdiction and related agencies, activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, or reduction of juvenile delinquency or narcotic addiction." (2) Subsection (d) is amended by striking out "or" the second place it appears and by striking out the period and inserting in lieu thereof the following: ", or, for the purpose of assistance eligibility, any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia and funds appropriated by the Congress for the activities of such agencies may be used to provide the nonFederal share of the cost of programs or projects funded under this title; provided. however, that such assistance eligibility of any agency 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." 84 STAT. 1889 Ante, p. 473. 82 Stat. 197; Ante, pp. 1885, 1887. 42 USC 3701. 62 Stat.. 749. 62 Stat. 701. SEC. 11. Section 5108 (c) of title 5 of the United States Code is 80 Stat. 453. 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 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. SEC. 16. Paragraph (c), subsection (1), section 2516, title 18, United States Code, is amended by striking the word "or" in the last phrase 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__. 331" 351" 84 STAT. 1891 62 Stat. 756. 18 USC 1111, 1112. 82 Stat. 217. TITLE V-PROTECTION OF THE PRESIDENT 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. |