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-HEARINGS, PRINTS AND REPORTS

TEXT OF BILLS

Page

Text of bills-

H.R. 72 by Mr. Edmondson....

H.R. 80 by Mr. Fulton of Tennessee..

H.R. 140 by Mr. Pucinski....

H.R. 307 by Mr. Gerald R. Ford---

H.R. 736 by Mr. Byrne of Pennsylvania_
H.R. 738 by Mr. Cohelan.......

H.R. 742 by Mr. Daniels.
H.R. 757 by Mr. Friedel..
H.R. 772 by Mr. Gonzalez..
H.R. 774 by Mr. Griffin....
H.R. 786 by Mr. Hall..
H.R. 795 by Mr. Hosmer.
H.R. 796 by Mr. Hull..
H.R. 812 by Mr. Kunkel
H.R. 822 by Mr. McClory.
H.R. 833 by Mr. Moss..
H.R. 906 by Mr. Utt.-
H.R. 1055 by Mr. Keogh-
H.R. 1180 by Mr. Schweiker.
H.R. 1531 by Mr. Dague....
H.R. 1551 by Mr. Holland....
H.R. 1569 by Mr. Pepper_
H.R. 1676 by Mr. Curtin....
H.R. 1720 by Mr. Reuss-
H.R. 1766 by Mr. Donohue..
H.R. 1780 by Mr. Hechler..
H.R. 1804 by Mr. Wydler...

H.R. 2063 by Mr. McCulloch..

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Bennett, James V., Esq., chairman, Mental Illness and the Law Com-
mittee, American Bar Association, Washington, D.C..

Boggs, Hon. Hale, U.S. Representative from Louisiana..

Clark, Hon. Ramsey, Deputy Attorney General of the United States,

Department of Justice, Washington, D.C..

78

40

PROVIDING PENALTIES FOR THE ASSASSINATION OF

THE PRESIDENT

WEDNESDAY, MAY 26, 1965

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE No. 4 OF THE
COMMITTEE ON THE JUDICIARY.
Washington, D.C.

The subcommittee met, pursuant to notice, at 10 a.m., in room 2141, Rayburn House Office Building, Hon. Byron G. Rogers (chairman of the subcommittee), presiding.

Present: Representatives Rogers (subcommittee chairman), Whitener, Grider, Jacobs, MacGregor, and McClory.

Also present: Benjamin L. Zelenko and Martin Hoffmann, Committee Counsel.

The CHAIRMAN. Today, Subcommittee No. 4 of the Committee on the Judiciary begins hearings on measures designed to make the assassination of the President of the United States a Federal offense. The assassination of President John Fitzgerald Kennedy and the events which followed focused national attention on an anomaly in Federal law: Under existing Federal criminal statutes it is not a crime to assassinate the Chief Executive nor do Federal investigative agencies have absolute jurisdiction to investigate the assassination. The tragic events which ensued from the inability to act are well known.

On March 10 of this year, at the request of the Attorney General, I introduced H.R. 6097, a bill drafted to implement recommendations contained in the Warren Commission Report to President Johnson. Over 45 proposals are now pending before this subcommittee which seek to rectify the omission in Federal law, including H.R. 822, introduced by Congressman McClory, a member of this subcommittee. The measures before us differ generally in two respects: The number of Federal officials covered, and the types of actions which are made criminal offenses.

Recognizing the urgent need for this legislation, the committee hopes that it will be able to conclude hearings within 2 days. Today, the committee will receive testimony from congressional sponsors of the legislation, and tomorrow we plan to hear from the Departments of Justice and Treasury, the former Chief Counsel of the President's Commission on the Assassination of President Kennedy, Mr. J. Lee Rankin, and the American Bar Association.

Without objection, the text of the measures dealing with this subject will be included in the record.

1

(The measures follow:)

[H.R. 72, 89th Cong., 1st sess.]

A BILL To amend title 18, United States Code, to provide that the penalties for homicide prescribed in such title shall apply to any person who kills the President of the United States, the Vice President of the United States, or the head of any executive department Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1114 of title 18, United States Code, is amended by inserting after "Whoever kills" the following: "the President of the United States, the Vice President of the United States, or the head of any executive department enumerated in section 158 of the Revised Statues of the United States (5 U.S.C. 1),”.

[H.R. 80, 89th Cong., 1st sess.]

A BILL To amend title 18, United States Code, to provide that the penalties for homicide prescribed in such title shall apply to any person who kills the President of the United States, the Vice President of the United States. or the head of any executive department Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1114 of title 18, United States Code, is amended by inserting after “Whoever kills" the following: "the President of the United States, the Vice President of the United States, or the head of any executive department enumerated in section 158 of the Revised Statutes of the United States (5 U.S.C. 1),".

[H.R. 140, 89th Cong., 1st sess.]

A BILL To provide for the greater protection of the President and the Vice President of the United States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1114 of title 18 of the United States Code is amended by inserting after "Whoever kills" the following: the President, the Vice President,".

[H.R. 307, 89th Cong., 1st sess.]

A BILL To amend title 18 of the United States Code to provide for the greater protection of the President and the Vice President of the United States, 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) section 1114 of title 18, United States Code, is amended by inserting immediately after "Whoever kills" the following: "the President, the Vice President or other officer next in order of succession to the office of President, the President-elect, the Vice-President-elect, whether or not the act is committed while the victim is in the performance of his official duties or on account of such official duties, and whoever kills".

(b) Section 111 of title 18, United States Code, is amended by striking out "any person" and inserting in lieu thereof the following: "the President, the Vice President or other officer next in order of succession to the office of President, the President-elect, the Vice-President-elect, whether or not the act is committed while the victim is in the performance of his official duties or on account of such official duties, or with any other person".

[H.R. 736, 89th Cong., 1st sess.]

A BILL To amend title 18 of the United States Code to provide for the greater protection of the President and the Vice President of the United States, 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) section 1114 of title 18, United States Code, is amended by inserting immediately after "Whoever kills" the following: "the President, the Vice President or other officer next in order of succession to the office of President, the President-elect, the Vice-President-elect, whether or not the act is committed while the victim is in the performance of his official duties or on account of such official duties, and whoever kills".

(b) Section 111 of title 18, United States Code, is amended by striking out "any person" and inserting in lieu thereof the following: "the President, the Vice President or other officer next in order of succession to the office of President, the President-elect, the Vice-President-elect, whether or not the act is committed while the victim is in the performance of his official duties or on account of such official duties, or with any other person".

[H.R. 738, 89th Cong., 1st sess.] .

A BILL To amend title 18 of the United States Code to make certain acts against the person of the President and Vice President of the United States and certain other Federal officers designated to act as President in the event of a vacancy in that office a Federal crime

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1114 of title 18, United States Code, is amended by inserting “(b)” immediately before "Whoever" and by inserting immediately after the side heading thereof the following:

"(a) Whoever kills the President or Vice President of the United States, the Speaker of the House of Representatives, the President pro tempore of the Senate, or the head of any executive department named in section 19 (d) of title 3, United States Code, shall be punished as provided in section 1111 or 1112 of this title." SEC. 2. Section 111 of title 18, United States Code, is amended by inserting "(b)" immediately after "1114" and by inserting immediately after the side heading thereof the following:

"Whoever forcibly assaults, intimidates, or interferes with any officer of the United States described or designated in section 1114 (a) of this title shall be fined not more than $5,000 or imprisoned not more than three years, or both."

[H.R. 742, 89th Cong., 1st sess.]

A BILL To amend title 18 of the United States Code to provide for the greater protection of the President and the Vice President of the United States, 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) section 1114 of title 18, United States Code, is amended by inserting immediately after "Whoever kills" the following: "the President, the Vice President or other officer next in order of succession to the office of President, the President-elect, the Vice-President-elect, whether or not the act is committed while the victim is in the performance of his official duties or on account of such official duties and whoever kills".

(b) Section 111 of title 18, United States Code, is amended by striking out "any person" and inserting in lieu thereof the following: "the President, the Vice President or other officer next in order of succession to the office of President, the President-elect, the Vice-President-elect, whether or not the act is committed while the victim is in the performance of his official duties or on account of such official duties, or with any other person".

[H.R. 757, 89th Cong., 1st sess.]

A BILL To amend title 18 of the United States Code to provide for the greater protection of the President and Vice President of the United States, 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) section 1114 of title 18, United States Code, is amended by inserting immediately after "Whoever kills" the following: "the President, the Vice President or other officer next in order of succession to the office of President, the President-elect, the Vice-President-elect, whether or not the act is committed while the victim is in the performance of his official duties or on account of such official duties and whoever kills”.

(b) Section 111 of title 18, United States Code, is amended by striking out "any person" and inserting in lieu thereof the following: "the President, the Vice President or other officer next in order of succession to the office of President, the President-elect, the Vice-President-elect, whether or not the act is committed while the victim is in the performance of his official duties or on account of such official duties, or with any other person".

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