KFEST CONTENTS Bress, David G., U.S. attorney, District of Columbia; accompanied by Mary C. Lawton, attorney adviser, Office of Legal Counsel, Depart- ment of Justice, and W. Carey Parker, special assistant to the Assistant Attorney General, Criminal Division, Department of 3 SAFETY OF CAPITOL BUILDINGS AND GROUNDS THURSDAY, SEPTEMBER 28, 1967 HOUSE OF REPRESENTATIVES, The committee met at 10 a.m., pursuant to notice, room 2167, Rayburn House Office Building, Hon. George H. Fallon (chairman) presiding. Mr. FALLON. Ladies and gentlemen, the Committee on Public Works convenes this morning for the consideration of H.R. 13178, a bill to provide more effectively for the regulation of the use of, and for the preservation of safety and order within, the U.S. Capitol Buildings and the U.S. Capitol Grounds, and for other purposes. (The bill follows:) (H.R. 13178, 90th Cong., first sess.] A BILL To provide more effectively for the regulation of the use of, and for the preservation of safety and order within, the United States Capitol Buildings and the United States Capitol Grounds, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the first section of the Act entitled 'An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes", approved July 31, 1946 (60 Stat. 718; 40 U.S.C. 193a; D.C. Code 9-118), is amended by (1) inserting therein, immediately after the words "book 127, page 8,", the works "including all additions added thereto by law subsequent to June 25, 1946,"; and (2) striking out the words "as defined on the aforementioned map". (b) Section 6 of that Act (40 U.S.C. 193f; D.C. Code 9-123) is amended to read as follows: "SEC. 6. (a) It shall be unlawful for any person or group of persons "(1) Except as authorized by regulations which shall be promulgated by the Capitol Police Board: (A) to carry on or have readily accessible to the person of any individual upon the United States Capitol Grounds or within any of the Capitol Buildings any firearm, dangerous weapon, explosive, or incendiary device; or "(B) to discharge any firearm or explosive, to use any dangerous weapon, or to ignite any incendiary device, upon the United States Capitol Grounds or within any of the Capitol Buildings; or "(C) to transport by any means upon the United States Capitol Grounds or within any of the Capitol Buildings any explosive or incendiary device; or "(2) Knowingly, with force and violence, to enter or to remain upon the floor of either House of the Congress. "(b) It shall be unlawful for any person or group of persons willfully-- "(1) to enter or to remain upon the floor of either House of the Congress, to enter or to remain in any cloakroom or lobby adjacent to such floor, or to enter or to remain in the Rayburn Room of the House or the Marble Room of the Senate, unless such person is authorized, pursuant to rules adopted by that House or pursuant to authorization given by that House, to enter or to remain upon such floor or in such cloakroom, lobby, or room; (1) "(2) to enter or to remain in the gallery of either House of the Congress in violation of rules governing admission to such gallery adopted by that House or pursuant to authorization given by that House; "(3) to enter or to remain in any room within any of the Capitol Buildings set aside or designated for the use of either House of the Congress or any Member, committee, subcommittee, officer, or employee of the Congress or either House thereof with intent to disrupt the orderly conduct of official business; "(4) to utter loud, threatening, or abusive language, or to engage in any disorderly or disruptive conduct, at any place upon the United States Capitol Grounds or within any of the Capitol Buildings with intent to impede, disrupt, or disturb the orderly conduct of any session of the Cougress or either House thereof, or the orderly conduct within any such building of any hearing before, or any deliberations of, any committee or subcommittee of the Congress or either House thereof; "(5) to obstruct, or to impede passage through or within the United States Capitol Grounds or any of the Capitol Buildings; or (6) to engage in any act of physical violence upon the United States Capitol Grounds or within any of the Capitol Buildings; or "(7) to parade, demonstrate, or picket within any of the Capitol Buildings." "(c) Nothing contained in this section shall forbid any act of any Member of the Congress, or any employee of a Member of the Congress, any officer or employee of the Congress or any committee or subcommittee thereof, or any officer or employee of either House of the Congress or any committee or subcommittee thereof, which is performed in the lawful discharge of his official duties." (c) Section 8 of that Act (40 U.S.C. 193h; D.C. Code 9-125) is amended to read as follows: "SEC. 8 (a) Any violation of section 6(a) of this Act, and any attempt to commit any such violation, shall be a felony punishable by a fine not exceeding $5,000, or imprisonment not exceeding five years, or both. "(b) Any violation of section 2, 3, 4, 5, 6(b), or (7) of this Act, and any attempt to commit any such violation, shall be a misdemeanor punishable by a fine not exceeding $500, or imprisonment not exceeding six months, or both. "(c) Violations of this Act, including attempts or conspiracies to commit such violations, shall be prosecuted by the United States attorney or his assistants in the name of the United States. None of the general laws of the United States and none of the laws of the District of Columbia shall be superseded by any provision of this Act. Where the conduct violating this Act also violates the general laws of the United States or the laws of the District of Columbia, both violations may be joined in a single prosecution. Prosecution for any violation of section 6(a) or for conduct which constitutes a felony under the general laws of the United States or the laws of the District of Columbia shall be in the United States District Court for the District of Columbia. All other prosecutions for violations of this Act shall be in the District of Columbia Court of General Sessions. Whenever any person is convicted of a violation of this Act and of the general laws of the United States or the laws of the District of Columbia, in a prosecution under this subsection, the penalty which may be imposed for such violation is the highest penalty authorized by any of the laws for violation of which the defendant is convicted." (d) The proviso contained in section 12 of that Act (40 U.S.C. 193k) is repealed. (e) Section 16(a) of that Act (40 U.S.C. 193m; D.C. Code 9-132) is amended to read as follows: "SEC. 16. (a) As used in this Act "(1) The term 'Capitol Buildings' shall be construed to include all buildings situated upon the United States Capitol Grounds and all subways and enclosed passages connecting two or more of those buildings. "(2) The term 'firearm' shall have the same meaning as when used in section 1(3) of the Federal Firearms Act (52 Stat. 1252, as amended; 15 U.S.C. 901(3)). "(3) The term 'dangerous weapon' includes all articles enumerated in section 14(a) of the Act of July 8, 1932 (47 Stat. 654, as amended; D.C. Code 22-3214(a)) and also daggers, dirks, stilettoes, and knives having blades over three inches in length. "(4) The term 'explosive' shall have the same meaning as when used in section 1(1) of the Act of October 6, 1917 (40 Stat. 385, as amended; 50 U.S.C. 121). "(5) The term 'act of physical violence' means any act involving (1) an assault or any other infliction or threat of infliction of death or bodily harm upon any individual, or (2) damage to or destruction of any real property or personal property." SEC. 2. Section 15 of the Act of July 29, 1892 (27 Stat. 325; 40 U.S.C. 101; D.C. Code 4-120, 22-3111), is amended by deleting "shall, upon conviction thereof, be fined not more than $50.", and inserting in lieu thereof: "shall be fined not more than $500, or imprisoned not more than six months, or both.". SEC. 3. Prosecutions for violations of the Act of July 31, 1946 (60 Stat. 718; 40 U.S.C. 193a et seq.; D.C. Code 9-118 et seq.) and of section 15 of the Act of July 29, 1892 (27 Stat. 325; D.C. Code 4-120, 22-3111), occurring prior to the enactment of these amendments shall not be affected by these amendments or abated by reason thereof. The privisions of this Act shall be applicable to violations occurring after its enactment. Mr. FALLON. Our witness this morning is the Honorable David G. Bress, U.S. Attorney for the District of Columbia. STATEMENT OF HON. DAVID G. BRESS, U.S. ATTORNEY, DISTRICT OF COLUMBIA, ACCOMPANIED BY MARY C. LAWTON, ATTORNEY ADVISER, OFFICE OF LEGAL COUNSEL, DEPARTMENT OF JUSTICE, AND W. CAREY PARKER, SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF JUSTICE Mr. FALLON. Mr. Bress, do you have a copy of the bill introduced by Mr. Cramer and myself and Mr. Boggs yesterday? Mr. BRESS. Yes, Mr. Chairman. Mr. FALLON. Does that bill cover everything that their conference intended to cover and, in addition, is it compatible with the Senate bill that was reported from the committee? Mr. BRESS. It is, from my limited examination of it, consistent with the Senate bill. I do not believe that it is any different from the final print, print No. 3, of the Senate bill as I have seen it. Mr. FALLON. As I understand it, the only change that was made, we added the Rayburn Room to one section of the bill. The fact was that the Marble Room was in the Senate bill and we included the Rayburn Room in the House bill in 6(b)(1). Mr. BRESS. I note that has been added to paragraph (6)(b)(1). Mr. CRAMER. Mr. Chairman? Mr. FALLON. Yes. Mr. CRAMER. We will discuss the necessity of enacting this bill later, so I would like to address specific questions to the witness now. I think there was discussion in our preliminary conference yesterday that, as I understand it, the Justice Department supports this bill? Mr. BRESS. Yes, sir. Mr. CRAMER. I base this question on remarks that appeared in the Congressional Record of August 22, 1967, referring to H.R. 10957 by Congressman Poff. Are you familiar with those remarks in which he analyzed the present law in the District and on Capitol Hill relating to this subject matter, pointing out prosecution problems, such as who prosecutes under the present law where you have both fine and prisonterm penalties; particularly when you have inconsistencies in the amount of money penalty? Mr. BRESS. I have read Mr. Poff's address in the House. Mr. CRAMER. Is it your opinion that this legislation is needed to clarify that much-confused situation? |