[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3833 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3833

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


_______________________________________________________________________


                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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:
``Sec. 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:
``Sec. 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.''.
    (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.''.
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