H.R. 3833

National Guard Emergency Protection Act of 2005

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I

109th CONGRESS

1st Session

H. R. 3833

IN THE HOUSE OF REPRESENTATIVES

September 20, 2005

Mr. Mica introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to provide penalties for violent crimes against members of the National Guard during Presidentially declared emergencies.

1.

Short title

This Act may be cited as the National Guard Emergency Protection Act of 2005.

2.

Penalties for violent crimes against members of the National Guard during Presidentially declared emergencies

(a)

Murder and manslaughter

Chapter 51 of title 18, United States Code, is amended by adding at the end the following:

1123.

Killing of members of the National Guard during Presidentially declared emergencies

Whoever kills or attempts to kill a member of the Army National Guard or Air National Guard while the member is performing duties in connection with an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) shall be punished as is provided in section 1114 with respect to a like offense against an officer or employee of the United States.

.

(b)

Assault

Chapter 7 of title 18, United States Code, is amended by adding at the end the following:

117.

Assault on members of the National Guard during Presidentially declared emergencies

Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with a member of the Army National Guard or Air National Guard while the member is performing duties in connection with an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) shall be punished as is provided in section 111 with respect to the like offense against an officer or employee of the United States.

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(c)

Clerical amendments

(1)

Table of chapters for chapter 51

The table of chapters at the beginning of chapter 51 of title 18, United States Code, is amended by adding at the end the following new item:

1123. Killing of members of the National Guard during Presidentially declared emergencies

.

(2)

Table of chapters for chapter 7

The table of chapters at the beginning of chapter 7 of title 18, United States Code, is amended by adding at the end the following new item:

117. Assault on members of the National Guard during Presidentially declared emergencies

.