An Act to extend the period for filing certain manufacturers claims for floor stocks refunds under section 209(b) of the Excise Tax Reduction Act of 1965
PL 91-642 (H.R.17473), enacted 12/31/1970

1880 
PUBLIC LAW 91-642-DEC. 31, 1970 
[84 STAT. 
December 31, 1970 
[H.R. 17473] 
Public Law 91-642 
AN ACT 
To extend the period for filing certain manufacturers claims for floor stocks 
refunds under section 209(b) of the Excise Tax Reduction Act of 1965, and 
for other purposes. 
Taxes. 
Floor stock re-
funds. 
Claims, filing 
extension. 
79 Stat. 142. 
26 u s e 6412 
note. 
Moving ex-
penses. 
83 Stat. 580. 
26 u s e 217 note. 
Martha W. Brice 
estate. 
68A Stat. 373. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That, in applying 
section 209(b)(1)(A) of the Excise Tax Reduction Act of 1965 
(relating to floor stocks refunds with respect to certain manufacturers 
excise taxes), a claim for credit or refund filed by the manufacturer, 
producer, or importer with the Secretary of the Treasury or his 
delegate on or before the ninetieth day after the date of the enactment 
of this Act shall be treated as satisfying the requirement of such 
section 209(b) (1) (A) of filing on or before February 10, 1966, or 
on or before August 10,1966, as the case may be. 
SEC. 2. Section 231 (d) (1) of the Tax Reform Act of 1969 is amended 
by striking out "July 1, 1970" and inserting in lieu thereof "Janu-
ary 1, 1971". 
SEC. 3. For purposes of the tax imposed by section 2001 of the 
Internal Revenue Code of 1954 (relating to the estate tax), the value 
of the taxable estate of Martha W. Brice, who died on November 2, 
1969, shall be determined by deducting from the value of the gross 
estate of the said Martha W. Brice (in addition to any other deduc-
tions and exemptions allowed by part IV of subchapter A of chapter 
I I of such Code) an amount equal to any amounts transferred, prior 
to the time prescribed by law (including any extensions thereof) for 
the filing of an estate tax return for such estate, from the proceeds of 
such estate to a charitable use specified by item I I I of the will of the 
said Martha W. Brice, executed on July 3, 1969. 
Approved December 31, 1970. 
January 1, 1971 
[H.J. Res. 1416] 
Public Law 91-643 
JOINT RESOLUTION 
Fixing the time of assembly of the Ninety-second Congress. 
Ninety-second 
eongress. 
Resolred by the Senate and House of Representatives 
of the United 
States of America in Congress Assembled^ That the Ninety-second 
Congress shall assemble at noon on January 21,1971. 
Approved January 1, 1971. 
January 2, 1971 
Public Law 91-644 
AN ACT 
[H.R. 17825] 
To amend the Omnibus Crime Control and Safe Streets Act of 1968, and for 
other purposes. 
Omnibus Crime 
Control Act of 
1970. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That this Act may be 
cited as the "Om7iibus Crime Control Act of 1970". 
84 STAT. ] 
PUBLIC LAW 91-644-JAN. 2, 1971 
1881 
TITLE I—OMNIBUS CRIME CONTROL AND SAFE 
STREETS ACT AMENDMENTS 
LAW ENFORCEMENT ASSISTANCE ADMINISTRATION 
SEC. 2. Section 101 of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended to read as follows: 
»2 stat. 198. 
"SEC. 101. (a) There is hereby established within the Department of 
^2 use 3711. 
Justice under the general authority of the Attorney General, a Law 
Enforcement Assistance Administration (hereinafter referred to in 
this title as 'Administration') composed of an Administrator of Law 
Enforcement Assistance and two Associate Administrators of Law 
Enforcement Assistance, who shall be appointed by the President, by 
and with the advice and consent of the Senate. I^eginning after the 
end of the term of either of the present incumbents, one of the Asso-
ciate Administrators shall be a member of a political party other than 
that of the President. 
"(b) The Administrator shall be the executive head of the agency 
and shall exercise all administrative powers, including the appoint-
ment and supervision of Administration personnel. All of the other 
functions, powers, and duties created and established by this title shall 
be exercised by the Administrator with the concurrence of either one 
or both of the two Associate Administratoi'S."' 
PLANNING 
GRANTS 
SEC. 3. (a) The third sentence of section 203(a) of the Omnibus 
Crime Control and Safe Streets Act of 1968 is amended to read as 
42 use 3723. 
follows: "The State planning agency and any regional planning units 
within the State shall, within their respective jurisdictions, be rep-
resentative of the law enforcement agencies, units of general local 
government, and public agencies maintaining programs to reduce 
and control crime." 
(b) Subsection (c) of section 203 of such Act is amended by inserting 
the following after the period at the end of the first sentence: "The 
Administration may waive this requirement, in whole or in part, upon 
a finding that the requirement is inappropriate in view of the respec-
tive law enforcement planning responsibilities exercised by the State 
and its units of general local government and that adherence to the 
requirement would not contribute to the efficient development of the 
State plan required under this part. In allocating funds under this 
subsection, the State planning agency shall assure that major cities 
and counties within the State receive planning funds to develop com-
prehensive plans and coordinate functions at the local level." 
(c) Subsection (c) of section 203 is amended further by striking 
out the word "the preceding sentence" and inserting in lieu thereof 
"this subsection". 
(d) Section 204 of such Act is amended by striking the second 
42 use 3724. 
sentence. 
1882 
PUBLIC LAW 91-644-JAN. 2, 1971 
[84 STAT. 
GRANTS FOR LAW ENFORCEMENT PURPOSES 
SEC. 4. Part C of title I of the Omnibus Crime Control and Safe 
42 use 37^31. 
Streets Act of 1968 is amended as follows: 
(1) Section 301(b) (4) is amended to read as follows: 
"(4) Constructing buildings or other physical facilities which 
would fulfill or implement the purpose of this section, including 
local correctional facilities, centers for the treatment of narcotic 
addicts, and temporary courtroom facilities in areas of high crime 
incidence." 
(2) Subsection (b) of section 301 is amended by adding at the end 
thereof the following new paragraphs: 
"(8) The establishment of a Criminal Justice Coordinating 
Council for any unit of general local government or any combina-
tion of such units within the State, having a population of two 
hundred and fifty thousand or more, to assure improved planning 
and coordination of all law enforcement activities. 
"(9) The development and operation of community based 
delinquent prevention and correctional programs, emphasizing 
halfway houses and other community based rehabilitation centers 
for initial preconviction of postconviction referral of offenders; 
expanded probationary programs, including paraprofessional and 
volunteer participation; and community service centers for the 
guidance and supervision of potential repeat youthful offenders." 
(3) Subsection (c) of section 301 is amended to read as follows: 
"(c) The portion of any Federal grant made under this section for 
the purposes of paragraph (5) or (6) of subsection (b) of this sec-
tion may be up to 75 per centum of the cost of the program or proj-
ect specified in the application for such grant. The portion of any 
Federal grant made under this section for the purposes of paragraph 
(4) of subsection (b) of this section may be up to 50 per centum of 
the cost of the program or project specified in the application for such 
grant. The portion of any Federal grant made under this section to 
be used for any other purpose set forth in this section may be up to 
75 per centum of the cost of the program or project specified in the 
application for such grant. No part of any grant made under this 
section for the purpose of renting, leasing, or constructing buildings 
or other physical facilities shall be used for land acquisition. In the 
case of a grant under this section to an Indian tribe or other aborig-
inal group, if the Administration determines that the tribe or group 
does not have sufficient funds available to meet the local share of the 
cost of any program or project to be funded under the grant, the 
Administration may increase the Federal share of the cost thereof 
to the extent it deems necessary. Effective July 1, 1972, at least 40 
per centum of the non-Federal funding of the cost of any program 
or project to be funded by a grant under this section shall be of 
money appropriated in the aggregate, by State or individual unit of 
government, for the purpose of the shared funding of such programs 
or projects." 
(4) Su'bsection (d) of section 301 is amended to read as follows: 
"(d) Not more than one-third of any grant made under this section 
may be expended for the compensation of police and other regular law 
enforcement personnel. The amount of any such grant expanded for 
the compensation of such personnel shall not exceed the amount of 
State or local funds made available to increase such compensation. 
The limitations contained in this subsection shall not apply to the 
82 Stat. 201. 
42 u s e 3733. 
84 STAT. ] 
PUBLIC LAW 91-644-JAN. 2, 1971 
1883 
compensation of personnel for time engaged in conducting or under-
going training programs or to the compensation of personnel engaged 
in 
research, 
development, 
demonstration 
or 
other 
short-term 
programs." 
(5) Section 303 is amended by inserting immediately after the first 
sentence the following new sentence: "No State plan shall be 
approved as comprehensive unless the Administration finds that the 
plan provides for the allocation of adequate assistance to deal with 
law enforcement problems in areas characterized by both high crime 
incidence and high law enforcement activity." 
(6) Paragraph (2) of Section 303 is amended by striking out the 
semicolon and inserting in lieu thereof the following: ", except that 
each such plan shall provide that beginning July 1, 1972, at least 
the per centum of Federal assistance gi*anted to the State planning 
agency under this part for any fiscal year which corresponds to the 
per centum of the State and local law enforcement expenditures 
funded and expended in the immediately preceding fiscal year by 
units of general local government will be made available to such units 
or combinations of such units in the immediately following fiscal year 
for the development and implementation of programs and projects 
for the improvement of law enforcement, and that with respect to 
such programs or projects the State will provide in the aggregate not 
less than one-fourth of the non-Federal funding. Per centum deter-
minations under this paragraph for law enforcement funding and 
expenditures for such immediately preceding fiscal year shall be based 
upon the most accurate and complete data available for such fiscal 
year or for the last fiscal year for which such data are available. The 
Administration shall have the authority to approve such determina-
tions and to review the accuracy and completeness of such data;" 
(7) Section 305 is amended to read as follows: 
42 use 3735. 
"SEC. 305. Where a State has failed to have a comprehensive State 
plan approved under this title within the period specified by the 
Administration for such purpose, the funds allocated for such State 
under paragraph (1) of section 306(a) of this title shall be available 
for reallocation by the Administration under paragraph (2) of section 
306(a)." 
(8) Section 306 is amended to read as follows: 
42 use 3736. 
"SEC. 306. (a) The funds appropriated each fiscal year to make 
grants under this part shall be allocated by the Administration as 
follows: 
"(1) Eighty-five per centum of such funds shall be allocated 
among the States according to their respective populations for 
grants to State planning agencies. 
"(2) Fifteen per centum of such funds, plus any additional 
amounts made available by virtue of the application of the provi-
sions of sections 305 and 509 of this title to tne grant of any State, 
^"P*"^-
may, in the discretion of the Administration, be allocated among 
the States for grants to State planning agencies, units of general 
local government, or combinations of such units, according to the 
criteria and on the terms and conditions the Administration deter-
mines consistent with this title. 
Any grant made from funds available under paragraph (2) of this 
subsection may be up to 75 per centum of the cost of the program or 
project for which such grant is made. No part of any grant under 
such paragraph for the purpose of renting, leasing, or constructing 
buildings or other physical facilities shall be used for land acquisition. 
In the case of a grant under such paragraph to an Indian tribe or 
42 use 3741 
42 use 3746 
1884 
PUBLIC LAW 91-644-JAN. 2, 1971 
[84 STAT. 
other aboriginal group, if the Administration determines that the tribe 
or group does not have sufficient funds available to meet the local 
share of the costs of any program or project to be funded under the 
grant, the Administration may increase the Federal share of the cost 
thereof to the extent it deems necessary. The limitations on the expendi-
ture of portions of grants for the compensation of personnel in sub-
Ante, p. 1882. 
sectiou (d) of sectiou 301 of this title shall apply to a grant under 
such paragraph. Effective July 1, 1972, at least 40 per centum of the 
non-Federal funding of the cost of any program or project to be 
funded by a grant under such paragraph shall be of money appro-
priated in the aggregate, by State or individual unit of government, 
for the purpose of the shared funding of such programs or projects. 
"(b) If the Administration determines, on the basis of information 
available to it during any fiscal year, that a portion of the funds allo-
cated to a State for that fiscal year for grants to the State planning 
agency of the State will not be required by the State, or that the State 
will be unable to qualify to receive any portion of the funds under 
the requirements of this part, that portion shall be available for 
reallocation to other States under paragraph (1) of subsection (a) 
of this section." 
TRAINING, EDUCATION, RESEARCH, DEMONSTRATION, AND SPECIAL GRANTS 
SEC. 5. Part D of title I of the Omnibus Crime Control and Safe 
82 Stat. 203. 
Strects Act of 1968 is amended as follows: 
(1) Section 406 is amended— 
(A) by striking "in areas directly related to law enforcement 
or preparing for employment in law enforcement" in the first 
sentence of subsection (b) and inserting in lieu thereof "in areas 
related to law enforcement or suitable for persons employed in 
law enforcement"; 
(B) by striking out "tuition and fees" in the first sentence of 
subsection (c) and inserting in lieu thereof "tuition, books, and 
fees"; and 
(C) by inserting at the end thereof the following new 
subsections: 
"(d) Full-time teachers or persons preparing for careers as full-
time teachers of courses related to law enforcement or suitable for 
persons employed in law enforcement, in institutions of higher educa-
tion which are eligible to receive funds under this section, shall be 
eligible to receive assistance under subsections (b) and (c) of this 
section as determined under regulations of the Administration. 
"(e) The Administration is authorized to make grants to or enter 
into contracts with institutions of higher education, or combinations 
of such institutions, to assist them in planning, developing, strengthen-
ing, improving, or carrying out programs or projects for the develop-
ment or demonstration of improved methods of law enforcement 
education, including— 
" (1) planning for the development or expansion of undergrad-
uate or graduate programs in law enforcement; 
" (2) education and training of faculty members; 
" (3) strengthening the law enforcement aspects of courses lead-
ing to an undergraduate, graduate, or professional degree; and 
"(4) research into, and development of, methods of educating 
students or faculty, including the preparation of teaching mate-
rials and the planning of curriculums. 
84 STAT. ] 
PUBLIC LAW 91-644-JAN. 2, 1971 
1885 
The amount of a grant or contract may be up to Y5 per centum of the 
total cost of programs and projects for which a grant or contract is 
made. 
"(f) The Administration is authorized to enter into contracts to 
make, and make, payments to institutions of higher education for 
grants not exceeding $50 per week to persons enrolled on a full-time 
basis in undergraduate or graduate decree programs who are accepted 
for and serve in full-time internships m law enforcement agencies for 
not less than eight weeks during any summer recess or for any entire 
quarter or semester on leave from the degree program." 
(2) Part D is further amended by inserting after section 406 the 
Enforcement per-
„ \ ' . 
. 
'^ 
^ 
sonnel, training; 
lollowmg new sections: 
programs. 
"SEC. 407. The Administration is authorized to develop and support 
regional and national training programs, workshops, and seminars to 
instruct State and local law enforcement personnel in improved meth-
ods of crime prevention and reduction and enforcement of the criminal 
law. Such training activities shall be designed to supplement and 
improve, rather than supplant, the training activities of the State and 
units of general local government, and shall not duplicate the activi-
ties of the Federal Bureau of Investigation under section 404 of this 
t i t l e . " 
*2 Stat, 204. 
"SEC. 408. (a) The Administration is authorized to establish and 
prosecuting at-
support a training program for prosecuting attorneys from State and tomeys, training 
local oiRces engaged in the prosecution of organized crime. The pro- p''°g'"^'«s. 
gram shall be designed to develop new or improved approaches, tech-
niques, systems, manuals, and devices to strengthen prosecutive 
capabilities against organized crime. 
"(b) While participating in the training program or traveling in 
Travel expemses. 
connection with participation in the training program, State and 
local personnel shall be allowed travel expenses and a per diem 
allowance in the same manner as prescribed under section 5703(b) 
of title 5, United States Code, for persons employed intermittently in 
8° s*^'- '^^^' 
JI 
r^ 
J 
• 
83 Stat. 190, 
the (jrovernment service. 
"(c) The cost of training State and local personnel under this sec-
tion shall be provided out of funds appropriated to the Administra-
tion for the purpose of such training." 
CxRAXTS FOR CORRECTIONAL INSTITUTIONS AND FACILITIES 
SEC. 6. (a) Title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended by inserting immediately after part D the 
82 stat. 197. 
following: 
42 use 3701. 
"PART E—GRANTS FOR CORRECTIONAL INSTITUTIONS AND FACILITIES 
"SEC. 451. It is the purpose of this part to encourage States and 
units of general local government to develop and implement pro-
grams and projects for the construction, acquisition, and renovation 
of correctional institutions and facilities, and for the improvement of 
correctional programs and practices. 
"SEC. 452. A State desiring to receive a grant under this part for 
any fiscal year shall, consistent with the basic criteria which the 
Administration establishes under section 454 of this title, incorporate 
its application for such grant in the comprehensive State plan sub-
mitted to the Administration for that fiscal year in accordance with 
section 802 of this title. 
^2 use 3732. 
1886 
PUBLIC LAW 91-644-JAN. 2, 1971 
[84 STAT. 
"SEC. 453. The Administration is authorized to make a grant under 
this part to a State planning agency if the application incorporated 
in the comprehensive State plan— 
"(1) sets forth a comprehensive statewide program for the 
construction, acquisition, or renovation of correctional institu-
tions and facilities in the State and the improvement of correc-
tional programs and practices throughout the State; 
"(2) provides satisfactory assurances that the control of the 
funds and title to property derived therefrom shall be in a public 
agency for the uses and purposes provided in this part and that 
a public agency will administer those funds and that property; 
"(3) provides satisfactory assurances that the availability of 
funds under this part shall not reduce the amount of funds under 
part C of this title which a State would, in the absence of funds 
under this part, allocate for purposes of this part; 
"(4) provides satisfactory emphasis on the development and 
operation of community-based correctional facilities and pro-
grams, including diagnostic services, halfway houses, probation, 
and other supervisory release programs for preadjudication and 
postadjudication referral of delinquents, youthful offenders, and 
first offenders, and community-oriented programs for the super-
vision of parolees; 
"(5) provides for advanced techniques in the design of institu-
tions and facilities; 
"(6) provides, where feasible and desirable, for the sharing 
of correctional institutions and facilities on a regional basis; 
"(7) provides satisfactory assurances that the personnel stand-
ards and programs of the institutions and facilities will reflect 
advanced practices; 
" (8) provides satisfactory assurances that the State is engaging 
in projects and programs to improve the recruiting, organization, 
traming, and education of personnel employed in correctional 
activities, including those of probation, parole, and rehabilita-
tion; and 
"(9) complies with the same requirements established for com-
prehensive State plans under paragraphs (1), (3), (4), (5), (7), 
32 sta^. 20K 
(8), (9), (10), (11) and (12) of section 303 of this_title. _ 
lOTTor. " " ' 
"SEC. 454. The Administration shall, after consultation with the 
Federal Bureau of Prisons, by regulation prescribe basic criteria for 
applicants and grantees under this part. 
"SEC. 455. (a) The funds appropriated each fiscal year to make 
grants under this part shall be allocated by the Administration as 
follows: 
"(1) Fifty per centum of the funds shall be available for 
grants to State planning agencies. 
"(2) The remaining fifty per centum of the funds may be 
made available, as the Administration may determine, to State 
planning agencies, units of general local government, or combina-
tions of such units, according to the criteria and on the terms and 
conditions the Administration determines consistent with this 
part. 
Any grant made from funds available under this part may be up to 
75 per centum of the cost of the program or project for which such 
grant is made. No funds awarded under this part may be used for 
land acquisition. 
42 use 3733. 
84 STAT. ] 
PUBLIC LAW 91-644-JAN. 2, 1971 
1887 
'-(b) If the Administration determines, on the basis of informa-
tion 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 
H u?c a^??. 
for reallocation under paragraph (2) of subsection (a) of this 
section." 
(b) Section 601 of such Act is amended by inserting at the end 
'^^ use 378i. 
thereof the following new subsection: 
"(1) The term 'correctional institution or facility' means any place . "coirectionai 
„ 
\ , ' 
„ 
- 1 1 -T 
• 
/ . • • ! 
rv 
1 
• v - ' T 
institution or 
tor the confinement or rehabilitation of juvenile oiienders or individ- facility." 
uals charged with or convicted of criminal offenses." 
(c) Part E and part F of title I of such Act are redesignated as part 
^^ s*^*' ^os. 
F and part G, respectively. 
3 jW "sc 3751, 
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 sapra. 
amended as follows: 
(1) Section ,505 is amended by striking "section 5315" and insert- 
82 stat. sos. 
ing "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 
"^^ ^^^ ^^5^' 
period at the end of the section: ", and to receive and utilize, for the 
purposes of this title, property donated or transferred for the pur-
poses of testing by any other Federal agencies, States, units of gen-
eral local government, public or private agencies or organizations, 
institutions of higher education, or individuals." 
(4) Section 515 is amended by inserting at the end thereof the fol- 
"^^ ^^^ 3^^3-
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 use 3764. 
inserting in lieu thereof the following: ", and may be used to pay the 
transportation and subsistence expenses of persons attending confer-
ences or other assemblages notwithstanding the provisions of the Joint 
Resolution entitled 'Joint Resolution to prohibit expenditure of any 
moneys for housing, feeding, or transporting conventions or meet-
ings', approved February 2, 1935 (31 TJ.S.C. sec. 551)." 
49 atat. 19. 
(6) Section 517 is amended to read as follows: 
82 stat. 207. 
"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 
^o stat. 4i6. 
exceed the daily equivalent of the rate authorized for GS-18 by section 
5332 of title 5, United States Code. 
^"'e, p. igg-i. 
"(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 
m the employ of the United States, while engaged in advising the 
Administration or attending meetings of the committees, shall be com-
pensated 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-
1888 
PUBLIC LAW 91-644-JAN. 2, 1971 
[84 STAT. 
80 Stat. 499; 
83 Stat. 190. 
Reports to Presi-
dent and Congress, 
82 Stat. 208. 
42 u s e 3767. 
Appropriation, 
42 u s e 3768. 
Ante, p. 1885. 
Ante, p. 1882. 
Recordkeeping. 
42 u s e 3769. 
80 Stat. 460. 
80 Stat. 460; 
83 Stat. 864. 
5 u s e 5313 and 
note. 
82 Stat, 
42 use 
" L a w e 
ment." 
209. 
3781. 
nfore e-
ing per diem in lieu of subsistence, as authorized by section 5Y03 
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 Admin-
istration 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 endmg 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 fol-
lowing 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 add-
ing 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 enforce-
ment' 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 non-
Federal share of the cost of programs or projects funded under this 
title; provided, however, that such assistance eligibility of any agency 
of the United States Government shall be for the sole purpose of 
84 STAT. ] 
PUBLIC LAW 91-644-JAN. 2, 1971 
1889 
facilitating the transfer of criminal jurisdiction from the United 
States District Court for the District of Cohimbia to the Superior 
Court of the District of Columbia pursuant to the District of Colum-
bia Court Reform and Criminal Procedure Act of 1970." 
^"'^' P- ^73. 
SEC. 10. Title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended by inserting immediately after part G (as ^g^^'^' PP- ^^^^' 
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 applica-
tion 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 assist-
ance 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 
^"'e. p. 1619. 
amended by inserting at the end thereof the following new paragraph: 
"(10) the Law Enforcement Assistance Administration may 
place a total of twenty positions in GS-16,17, and 18," 
SEC. 12. Title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 is amended by inserting after part H (as designated by sec- 
supra. 
tion 10 of this Act) the following new part: 
PART I—ATTORNEY GENERAL'S ANNUAL REPORT ON FEDERAL LAW 
ENFORCEMENT AND CRIMINAL JUSTICE ACTIVITIES 
SEC. 670. The Attorney General, in consultation with the appro-
priate 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, expendi-
tures 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 
82 stat. 462. 
Act 1968, the Criminal Justice Act of 1964, title X I of the Organized note."^^ ^^°^ 
Crime Control Act of 1970 (relating to the regulation of explosives), 
82 stat. 1213. 
and title I I I of the Omnibus Crime Control and Safe Streets Act of 
ItnZTJgte""'"' 
1968 (relating to wiretapping and electronic surveillance). 
Ante, p. 952. 
62 Stat. 749, 
62 Stat. 701. 
TITLE II—STRICTER SENTENCES 
etion ! 
lows: 
"(c) Whoever— 
82 Stat. 211. 
18 u s e 2510. 
SEC. 13. Section 924(c) of title 18, United States Code, is amended 
^^ stat. 1224. 
to read as follows: 
1890 
PUBLIC LAW 91-.644-JAN. 2, 1971 
[84 STAT. 
"(1) uses a firearm to commit any felony for which he may be 
prosecuted in a court of the Laiited States, or 
" (2) carries a firearm unhiwfully 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 subse-
quent conviction under this subsection, such person shall be sentenced 
to a term of imprisonment for not less than two nor more than twenty-
five 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 com-
mission of such felony." 
TITLE III—CRIMINAL APPEALS 
s2ltTt%V.^'' 
^^^' 
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 evi-
dence or requiring the return of seized property in a criminal pro-
ceeding, 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" fol-
lowing 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 effectu-
ate 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 
.^2 stAt-.^84. 
SEC. 15. Part I of title 18 of the United States Code is amended 
by inserting, immediately after chapter 17, a new chapter as follows: 
18 use 1. 
84 STAT. ] 
PUBLIC LAW 91-644-JAN. 2, 1971 
1891 
"Chapter 18.—CONGRESSIONAL ASSASSINATION, 
KIDNAPING, AND ASSAULT 
"Sec. 
•'351. Congressional assassination, kidnaping, and assault; penalties. 
*^§351. Congressional 
assassination, kidnaping, and assault; 
penalties 
"(a) Whoever kills any individual who is a Member of Congress 
or a Member-of-Congress-elect shall be punished as provided by sec-
tions 1111 and 1112 of this title. 
? 8 u s c m i 
"(b) Whoever kidnaps any individual designated in subsection (a) 1112. 
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 individ-
ual 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 De 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 exer-
cise 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 Fed-
eral, 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 
^^ ^'^*- 217. 
of the subsection and inserting at the end thereof between the paren-
thesis and the semicolon "or section 351 (violations with respect to 
congressional assassination, kidnaping, and assault)". 
SKC. 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 
331" 
a new chapter reference as follows: 
"18. Congressional assassination, kidnapping, and assault 
351" 
TITLE V—PEOTECTION OF T H E PEESIDENT 
SEC. 18. Title 18, United States Code, is amended by adding the 
following new section after section 1751: 
79 stat. sso. 
"§ 1752. Temporary residence of the President 
(a) It shall be unlawful for any person or group of persons— 
" (1) willfully and knowingly to enter or remain in 
47-348 O - 72 - 36 (pt. 
1892 
PUBLIC LAW 91-644-JAN. 2, 1971 
[84 STAT. 
"(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 build-
ing 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 com-
mit 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— 
"(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 other-
wise 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." 
dent°sTnd^ammes 
^EC. 19. Scctiou 3056, title 16, United States Code, is amended by 
protection. 
'designating the present paragraph as " ( a ) " and adding a new 
65 Stat. 122; 
paragraph at the end thereof as follows: 
^^fuse 305*6. 
"(^) Whoever knowingly and willfully obstructs, resists, or inter-
feres with an agent of the United States Secret Service engaged in the 
])erformance or 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." 
Ante, p. 1891. 
82 Stat. 224. 
18 u s e 2510 
TITLE VI—WIRETAP COMMISSION 
SEC. 20. (a) Title I I I 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: 
note.""" ' " " 
"(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 attend-
ance and testimony of such witnesses and the production of such books, 
records, correspondence, memorandums, papers and documents as the 
84 
STAT.] 
PUBLIC LAW 91-645-JAN. 2, 1971 
18«)3 
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 sub-
committee 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 such 
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 Com-
mission, shall have jurisdiction to issue to such person an order requir-
ing 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. 
" (3) The Commission shall be 'an agency of the United States' under 
subsection (1), section 6001, title 18, United States Code for the pur-
pose of granting immunity to witnesses. 
"(4) Each department, agency, and instrumentality of the executive 
branch of the Government, including independent agencies, is author-
ized 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 neces-
sary 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". 
(c) Section 1212 of the Organized Crime Control Act of 1970 is 
hereby repealed. 
Approved January 2, 1971. 
Ante, 
p . 926. 
82 Stat. 224. 
18 u s e 2510 
note. 
Repeal. 
Ante, 
p. 961. 
Public Law 91-645 
JOINT RESOLUTION 
Making further continuing appropriations for the fiscal year 1971, and for 
other purposes. 
Resolved by the Seriate and House of Representatives 
of the United 
States of America in Congress assembled^ That clause (c) of section 
102 of the joint resolution of June 29, 1970 (Public Law 91-294, as 
amended), is hereby further amended by striking out "the sine die 
adjournment of the second session of the Ninety-first Congress" and 
inserting in lieu thereof "March 30, 1971": Provided, That projects 
and activities provided for in the Department of Transportation and 
Eelated Agencies Appropriation Act, 1971 (H.E. 17755, Ninety-first 
Congress), may be conducted at a rate for operations, and to the extent 
and m the manner, provided for in such Act as modified by the House 
of Eepresentatives on December 15,1970. 
Approved January 2, 1971. 
January 2, 1971 
[H. J. Res. 1421] 
Continuing ap-
propriations, 1971i 
Ante, 
pp. 335, 
694, 969.