H.R. 347: Another Step in the Elimination of the First Amendment

H.R. 347: Another Step in the Elimination of the First Amendment

It is fairly obvious Obama and Congress rushed through H.R. 347 in order to curtail demonstrations that will undoubtedly occur during both Democrat and Republican conventions this summer. Also known as the “Federal Restricted Buildings and Grounds Improvement Act of 2011,” the bill makes it a felony to disrupt or protest at any place or event attended by any person with secret service protection.

“Current law makes it illegal to enter or remain in an area where certain government officials (more particularly, those with Secret Service protection) will be visiting temporarily if and only if the person knows it’s illegal to enter the restricted area but does so anyway,” Michigan Rep. Justin Amash wrote on his Facebook page. “[H.R. 347] expands current law to make it a crime to enter or remain in an area where an official is visiting even if the person does not know it’s illegal to be in that area and has no reason to suspect it’s illegal.”

Amash, Paul Broun, a Georgia Republican, and Ron Paul were the lone dissenting voices opposed to this bill, which is being called  the “First Amendment Rights Eradication Act” designed specifically to counter the Occupy movement and other political groups opposed to the bankster regime in control of the Congress and the presidency. Democrats have characterized opposition to the bill as “a whole lot of kerfuffle over nothing.”

Gene Howington, a guest blogger on law professor Jonathan Turley’s blog, contends that the government deliberately made the language of H.R. 347 vague and overly broad. Howington writes that “it seems to be a trend that vague or overly broad language could be fairly described as being purposefully adopted allowing ‘wiggle room’ for Federal authorities to potentially abuse civil and human rights under the color of authority.”

While the recently enacted and also vaguely worded NDAA “poses a threat to your 4th, 5th and 6th Amendment rights, the newest attack of vague language is aimed at your 1st Amendment rights of Freedom of Speech, Freedom of Assembly and Freedom to Petition,” Howington notes. “As currently worded, it might as well have been called the ‘Federal We’re Too Important To Be Annoyed By Your Protest Act of 2011′ or (as described by Rep. Justin Amash (R-MI), one of the few Representatives to vote against the bill) the ‘First Amendment Rights Eradication Act’ because it effectively outlaws protests near people who are ‘authorized’ to be protected by the Secret Service.”

In 1998, Bill Clinton signed Presidential Decision Directive 62 establishing the National Special Security Events, or NSSE, a directive making the Secret Service responsible for security at designated events, including presidential nominating conventions. Other events under NSEE include summits of world leaders, meetings of international organizations, and presidential inaugurations. In other words, with the passage of this bill, it will now be a felony to protest the G20 and globalist “trade” summits and other neoliberal confabs where international banksters and their minions plot our future behind closed doors.

Such a draconian restriction of the First Amendment is another step in an effort to outlaw all protest against the government, especially at events where the controllers discuss and finalize their plans to implement world government and a centralized global banking system. The global elite have repeatedly demonstrated their animosity toward the Constitution and the Bill of Rights. Taking down the First Amendment – in addition to the Fourth, Fifth, Sixth and most importantly the Second – under the bogus and contrived aegis of a manufactured war on terror amply reveals what they have a mind: a gulag panopticon where resistance is not only futile, but illegal, and where the slaves are disarmed and powerless to effectuate change

This is a video of why we are no longer a constitutional nation,But a dictatorship.
http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.347:
https://en.wikipedia.org/wiki/National_Defense_Authorization_Act
https://en.wikipedia.org/wiki/Federal_Emergency_Management_Agency
1752(a)(2) knowingly, and with intent to impede or disrupt the orderly conduct of government business or official functions, engages in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions;

1752(a)(3) knowingly, and with the intent to impede or disrupt the orderly conduct of Government business or official functions, obstructs or impedes ingress or egress to or from any restricted building or grounds;

1752(c)(1) the term ‘restricted buildings or grounds’ means any posted, cordoned off, or otherwise restricted area— (B) of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting; or C) of a building or grounds so restricted in conjunction with an event designated as a special event of national significance;

Does H.R. 347 Change Anything About Your Right to Protest Politicians Under Secret Service Protection? It’s All In the Word Change.

March 1, 2012

As Brian Doherty noted below, on Tuesday the House passed H.R. 347 [pdf], officially known as The Federal Restricted Buildings and Grounds Improvement Act of 2011. Now all it needs to become law is President Obama’s approving signage.

Contrarian standbys Congressmen Justin Amash (R-MI) and Ron Paul (R-TX) voted nay, but the bill passed 388-3. Rep. Amash wrote that the the bill “violates our rights”, but Michael Mahassey, the communications director for the bill’s sponsor, Rep. Thomas J.Rooney (R-Florida), sounding irritated on Wednesday (while he implied that I was not the first person to call and ask about it). Mahassey called the reaction to the bill “a whole lot of kerfuffle over nothing. This doesn’t affect anyone’s right to protest anywhere at any time. Ever.”

H.R. 347, said Mahassey, is simply a DC-centric update of already existing law. Section 1752 of title 18, United States Code, already protects those under Secret Service protection — except in Washington D.C. where these protections fall under local laws against trespassing, etc. Mahassey said that the Secret Service requested the changes to this law because “right now it’s not a federal violation to jump the fence and run across the White House lawn, this bill makes it a federal violation.”

Not exactly the abolition of the First Amendment, is it? RT and The New American’s warnings are hopefully an exaggeration.

But there’s reason to worry says Will Adams, the deputy chief of staff for Congressman Amash. Yes, the law updates as Mahssey said. It brings the DC trespassing violations under the federal umbrella and “Amash has no issue with that.” But also does imply something else which inspired Amash to vote “nay.”

Adams, who is a lawyer by trade, like his boss, explained the changes in updates from the previous statute in layman’s terms. It all comes down the words “willfully” and “knowingly”. As Amash wrote on his facebook (and Doherty noted):

Current law makes it illegal to enter or remain in an area where certain government officials (more particularly, those with Secret Service protection) will be visiting temporarily if and only if the person knows it’s illegal to enter the restricted area but does so anyway. The bill expands current law to make it a crime to enter or remain in an area where an official is visiting even if the person does not know it’s illegal to be in that area and has no reason to suspect it’s illegal. (It expands the law by changing “willfully and knowingly” to just “knowingly” with respect to the mental state required to be charged with a crime.)

To elaborate on what seems to be subtle legal stuff, the current law being amended, Section 1752 of title 18, United States Code, would be here. Note that the words are “willfully” and “knowingly” are there. H.R. 347 is here. The word “willfully” is indeed gone. What does that mean exactly?

Adams pointed me towards U.S. v. Bursey in which:

Brett Bursey was convicted in early 2004 — after a bench trial conducted by a magistrate judge in the District of South Carolina — of willfully and knowingly entering and remaining in a posted, cordoned off, or otherwise restricted area where the President was temporarily visiting

Bursey visited a South Carolina airbase with the intention of protesting the then-imminent Iraq war. He remained in an area that the Secret Service had coordinated off for 20 or so minutes, arguing his right to stay there. His state trespassing charges were dismissed, but he was then charged under Section 1752 of title 18 above. According to the U.S. Fourth Circuit Court of Appeals, Bursey argued:

first, he maintains that the trial court erred in finding that he was in a “restricted area” at the time of his October 2002 arrest; second, he contends that the court erred in finding that he possessed the requisite criminal intent

They also noted in their decision to reject his appeal, some of the finer points of the difference between “willfully” and “knowingly””:

As the Bryan Court observed… for a defendant to have acted willfully, he must merely have “acted with knowledge that his conduct was unlawful.”…we focus our discussion on whether Bursey “willfully” violated the Statute, because, generally, “[m]ore is required” with respect to conduct performed willfully than conduct performed knowingly… requires “more culpable” mens rea than knowing violation).As a general proposition, the statutory term “knowingly” requires the Government to prove only that the defendant had knowledge of the facts underlying the offense

Bursey was fined a measly 500 dollars, but the precedent is there. And remember, the punishment under both the new and old versions of section 1752 are “not more than one year” in jail for the trespass, and “not more than ten years” if “the person, during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm.” However, as Adams summed it up an email:

The bill makes it illegal knowingly to enter or remain in a restricted building or grounds without legal authority to do so.  A restricted building or grounds is defined as a “restricted area” where a person protected by the Secret Service “is or will be temporarily visiting.”  According to federal law (18 U.S.C. § 3056), the Secret Service is authorized to protect “visiting heads of foreign states or foreign governments” and “other distinguished foreign visitors to the United States.”

So, let’s say a G-20 meeting is hosted in the U.S. and the Secret Service decides it wants a larger perimeter surrounding the event where only G-20 members and staff can be.  A person could be arrested and found guilty of violating this law—with up to 10 years in prison if they’re carrying a weapon, one year in prison if they’re not—for merely walking into the restricted area, without even knowing walking into the area is illegal.

So it’s hard to know the exact implications of this one-word change, especially when some very nasty, excessive crack-downs happen already in cases like G-20 summit protests. But law is precedent and interpretation. So in a world where the National Defense Authorization Act maybe allows for the indefiniate detainment of citizens, but maybe not, but the President says he won’t use the power so trust him, governments don’t need one more inch – not one more word of excuse — to crack down on protest and speech. The cult of the presidency has gone far enough.

 

imprecise Language and the Risks of H.R. 347

Published 1, March 3, 2012

Submitted by Gene Howington, Guest Blogger

Coincidentally and often, abuses of civil or human rights in the United States derive from the same source as law made via precedent. That source is vague or overly broad legislation and imprecise use of language.  As a matter of good drafting practice, this is why precision language is encouraged – to provide clarity and minimize ambiguity in the letter of the law. When vague laws create issues in court, the court either makes a ruling creating precedent and consequently a plan of action for how to address the issue moving forward although occasionally a law is overturned in toto for vagueness and the legislature can take a fresh swing writing the law.

However, it seems to be a trend that vague or overly broad language could be fairly described as being purposefully adopted allowing “wiggle room” for Federal authorities to potentially abuse civil and human rights under the color of authority. This is a dangerous practice. The issue of vagueness is at the heart of the NDAA scandal as recently discussed on the blog here, here and here. While the NDAA poses a threat to your 4th, 5th and 6th Amendment rights, the newest attack of vague language is aimed at your 1st Amendment rights of Freedom of Speech, Freedom of Assembly and Freedom to Petition. It is found in the pending legislation of H.R. 347, innocuously titled the “Federal Restricted Buildings and Grounds Improvement Act of 2011″. As currently worded, it might as well have been called the “Federal We’re Too Important To Be Annoyed By Your Protest Act of 2011″ or (as described by Rep. Justin Amash (R-MI), one of the few Representatives to vote against the bill) the “First Amendment Rights Eradication Act” because it effectively outlaws protests near people who are “authorized” to be protected by the Secret Service.  Being that the bill passed on a House vote 388-3 and is currently coming out of committee in the Senate, its progress is something civil libertarians and activists may want to monitor.

This is H.R. 347 (proposed 18 U.S.C. § 1752) in its entirety as it is coming out of committee:

SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Federal Restricted Buildings and Grounds Improvement Act of 2011’.
SEC. 2. RESTRICTED BUILDING OR GROUNDS.
Section 1752 of title 18, United States Code, is amended to read as follows:
‘Sec. 1752. Restricted building or grounds
‘(a) Whoever–
(1) knowingly enters or remains in any restricted building or grounds without lawful authority to do so;
‘(2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engages in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions;
‘(3) knowingly, and with the intent to impede or disrupt the orderly conduct of Government business or official functions, obstructs or impedes ingress or egress to or from any restricted building or grounds; or
‘(4) knowingly engages in any act of physical violence against any person or property in any restricted building or grounds;
or attempts or conspires to do so, shall be punished as provided in subsection (b).
‘(b) The punishment for a violation of subsection (a) is–
‘(1) a fine under this title or imprisonment for not more than 10 years, or both, if–
‘(A) the person, during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm; or
‘(B) the offense results in significant bodily injury as defined by section 2118(e)(3); and
‘(2) a fine under this title or imprisonment for not more than one year, or both, in any other case.
‘(c) In this section–
‘(1) the term ‘restricted buildings or grounds’ means any posted, cordoned off, or otherwise restricted area–
‘(A) of the White House or its grounds, or the Vice President’s official residence or its grounds;
‘(B) of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting; or
‘(C) of a building or grounds so restricted in conjunction with an event designated as a special event of national significance; and
‘(2) the term ‘other person protected by the Secret Service’ means any person whom the United States Secret Service is authorized to protect under section 3056 of this title or by Presidential memorandum, when such person has not declined such protection.’. [emphasis added]

Contrast this with how 18 U.S.C. § 1752 is currently worded:

18 U.S.C. § 1752 : US Code – Section 1752: Temporary residences and offices of the President and others

(a) It shall be unlawful for any person or group of persons –
(1) willfully and knowingly to enter or remain in
(i) any building or grounds designated by the Secretary of
the Treasury as temporary residences of the President or other
person protected by the Secret Service or as temporary offices
of the President and his staff or of any other person protected
by the Secret Service, or
(ii) any posted, cordoned off, or otherwise restricted area
of a building or grounds where the President or other person
protected by the Secret Service 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 building 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
commit such violations, shall be punishable by a fine under this
title 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 or other
person protected by the Secret Service and the temporary offices
of the President and his staff or of any other person protected
by the Secret Service, and
(2) to prescribe regulations governing ingress or egress to
such buildings and grounds and to posted, cordoned off, or
otherwise restricted areas where the President or other person
protected by the Secret Service 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.
(f) As used in this section, the term “other person protected by
the Secret Service” means any person whom the United States Secret
Service is authorized to protect under section 3056 of this title
when such person has not declined such protection.”

As the bill relevantly cites to 18 U.S.C. § 3056, selected portions of that code read:

18 U.S.C. § 3056 : US Code – Section 3056: Powers, authorities, and duties of United States Secret Service
(a) Under the direction of the Secretary of Homeland Security,
the United States Secret Service is authorized to protect the
following persons:
(1) The President, the Vice President (or other officer next in
the order of succession to the Office of President), the
President-elect, and the Vice President-elect.
(2) The immediate families of those individuals listed in
paragraph (1).
(3) Former Presidents and their spouses for their lifetimes,
except that protection of a spouse shall terminate in the event
of remarriage unless the former President did not serve as
President prior to January 1, 1997, in which case, former
Presidents and their spouses for a period of not more than ten
years from the date a former President leaves office, except that

(A) protection of a spouse shall terminate in the event of
remarriage or the divorce from, or death of a former President;
and
(B) should the death of a President occur while in office or
within one year after leaving office, the spouse shall receive
protection for one year from the time of such death:
Provided, That the Secretary of Homeland Security shall have the
authority to direct the Secret Service to provide temporary
protection for any of these individuals at any time if the
Secretary of Homeland Security or designee determines that
information or conditions warrant such protection.
(4) Children of a former President who are under 16 years of
age for a period not to exceed ten years or upon the child
becoming 16 years of age, whichever comes first.
(5) Visiting heads of foreign states or foreign governments.
(6) Other distinguished foreign visitors to the United States
and official representatives of the United States performing
special missions abroad when the President directs that such
protection be provided.
(7) Major Presidential and Vice Presidential candidates and,
within 120 days of the general Presidential election, the spouses
of such candidates. As used in this paragraph, the term “major
Presidential and Vice Presidential candidates” means those
individuals identified as such by the Secretary of Homeland
Security after consultation with an advisory committee consisting
of the Speaker of the House of Representatives, the minority
leader of the House of Representatives, the majority and minority
leaders of the Senate, and one additional member selected by the
other members of the committee.
The protection authorized in paragraphs (2) through (7) may be
declined.
(d) Whoever knowingly and willfully obstructs, resists, or
interferes with a Federal law enforcement agent engaged in the
performance of the protective functions authorized by this section
or by section 1752 of this title shall be fined not more than
$1,000 or imprisoned not more than one year, or both.” [emphasis added]

The root of the problem with this legislation lies in the omission of the word “willfully” to make the condition simply “knowingly” in conjunction with the phrase “or so that, such conduct, in fact”.  The use of this conditional phrase effectively nullifies the intent component in the absence of “willfully” being explicitly stated.  You may not have willfully or knowingly done anything other than exercise your free speech and free assembly rights, but if you “in fact” “[impede] or [disrupt] the orderly conduct of Government business or official functions”, you can be arrested and charged under this proposed revision of 18 U.S.C. § 1752 whether the impediment or disruption was willful or not.  The reworded law as the bill is currently formulated effectively does away with intent as a requirement in addition to expanding the meaning of the term ‘restricted buildings or grounds’ to mean virtually any place in proximity to or place proper a government function or an “event of national interest” is taking place. This would allow for the arrest of protesters  just about anywhere.  Outside political rallies, near the hotels of visiting foreign dignitaries, outside sporting or other public events like the Super Bowl . . .  you get the idea.

Is this an instance of vague/imprecise language creating the potential for civil rights abuses?

Or it this an instance of purposefully vague/imprecise language to allow the government to infringe upon your rights to free speech, assembly and petition?

What do you think?

Kudos: ekeyra

++++++++++++++++++++++++++++++

Bill Passes House: Protests Near Secret Service Protected Folk Effectively Outlawed

March 1, 2012

In case you question the value of having a Justin Amash or a Ron Paul in the House of Representatives, they were two of only three votes against H.R. 347, the “Federal Restricted Buildings and Grounds Improvement Act of 2011.”

As reprinted in this angry Salon blog post, Rep. Amash’s reasons for objecting:

a more truthful moniker for HR 347 would be the “First Amendment Rights Eradication Act”. As Representative Amash lamented on his Facebook page:

“Current law makes it illegal to enter or remain in an area where certain government officials (more particularly, those with Secret Service protection) will be visiting temporarily if and only if the person knows it’s illegal to enter the restricted area but does so anyway. [H.R. 347] expands current law to make it a crime to enter or remain in an area where an official is visiting even if the person does not know it’s illegal to be in that area and has no reason to suspect it’s illegal… [And to] show you the extent to which the public is misled and misinformed about the legislation we are voting on, read one prominent media outlet’s coverage of the same bill: http://thehill.com/blogs/floor-action/house/212873-house-approves-white-house-trespass-bill-sends-to-obama The report mischaracterizes not only current law but also the changes proposed by the bill.”

Full text of the bill, which includes all its penalties for attempting or conspiring to do the forbidden disruption as well. Those penalties are:

 The punishment for a violation of subsection (a) is–

‘(1) a fine under this title or imprisonment for not more than 10 years, or both, if–


‘(A) the person, during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm; or

‘(B) the offense results in significant bodily injury as defined by section 2118(e)(3); and

‘(2) a fine under this title or imprisonment for not more than one year, or both, in any other case.

 And the laws own language on how you run afoul of it:

 In this section–‘(1) the term ‘restricted buildings or grounds’ means any posted, cordoned off, or otherwise restricted area–

‘(A) of the White House or its grounds, or the Vice President’s official residence or its grounds;

‘(B) of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting; or

‘(C) of a building or grounds so restricted in conjunction with an event designated as a special event of national significance; and

‘(2) the term ‘other person protected by the Secret Service’ means any person whom the United States Secret Service is authorized to protect under section 3056 of this title or by Presidential memorandum, when such person has not declined such protection.’.

Russia Today with more about how this law could be abused:

The new legislation allows prosecutors to charge anyone who enters a building without permission or with the intent to disrupt a government function with a federal offense if Secret Service is on the scene, but the law stretches to include not just the president’s palatial Pennsylvania Avenue home. Under the law, any building or grounds where the president is visiting — even temporarily — is covered, as is any building or grounds “restricted in conjunction with an event designated as a special event of national significance.”

It’s not just the president who would be spared from protesters, either.

Covered under the bill is any person protected by the Secret Service. Although such protection isn’t extended to just everybody, making it a federal offense to even accidently disrupt an event attended by a person with such status essentially crushes whatever currently remains of the right to assemble and peacefully protest.

Hours after the act passed, presidential candidate Rick Santorum was granted Secret Service protection. For the American protester, this indeed means that glitter-bombing the former Pennsylvania senator is officially a very big no-no, but it doesn’t stop with just him. Santorum’s coverage under the Secret Service began on Tuesday, but fellow GOP hopeful Mitt Romney has already been receiving such security. A campaign aide who asked not to be identified confirmed last week to CBS News that former House Speaker Newt Gingrich has sought Secret Service protection as well….

In the text of the act, the law is allowed to be used against anyone who knowingly enters or remains in a restricted building or grounds without lawful authority to do so, but those grounds are considered any area where someone — rather it’s President Obama, Senator Santorum or Governor Romney — will be temporarily visiting, whether or not the public is even made aware. Entering such a facility is thus outlawed, as is disrupting the orderly conduct of “official functions,” engaging in disorderly conduct “within such proximity to” the event or acting violent to anyone, anywhere near the premises. Under that verbiage, that means a peaceful protest outside a candidate’s concession speech would be a federal offense, but those occurrences covered as special event of national significance don’t just stop there, either. And neither does the list of covered persons that receive protection….

With Secret Service protection awarded to visiting dignitaries, this also means, for instance, that the federal government could consider a demonstration against any foreign president on American soil as a violation of federal law, as long as it could be considered disruptive to whatever function is occurring.

The vote tally of shame. Where is your Dennis Kucinich now, progressives?

——————————————–

H. R. 347
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To correct and simplify the drafting of section 1752 (relating to restricted buildings
or grounds) of title 18, United States Code.
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 ‘‘Federal Restricted Buildings
and Grounds Improvement Act of 2011’’.
SEC. 2. RESTRICTED BUILDING OR GROUNDS.
Section 1752 of title 18, United States Code, is amended to
read as follows:
‘‘§ 1752. Restricted building or grounds
‘‘(a) Whoever—
‘‘(1) knowingly enters or remains in any restricted building
or grounds without lawful authority to do so;
‘‘(2) knowingly, and with intent to impede or disrupt the
orderly conduct of Government business or official functions,
engages in disorderly or disruptive conduct in, or within such
proximity to, any restricted building or grounds when, or so
that, such conduct, in fact, impedes or disrupts the orderly
conduct of Government business or official functions;
‘‘(3) knowingly, and with the intent to impede or disrupt
the orderly conduct of Government business or official functions,
obstructs or impedes ingress or egress to or from any restricted
building or grounds; or
‘‘(4) knowingly engages in any act of physical violence
against any person or property in any restricted building or
grounds;
or attempts or conspires to do so, shall be punished as provided
in subsection (b).
‘‘(b) The punishment for a violation of subsection (a) is—
‘‘(1) a fine under this title or imprisonment for not more
than 10 years, or both, if—
‘‘(A) the person, during and in relation to the offense,
uses or carries a deadly or dangerous weapon or firearm;
or
‘‘(B) the offense results in significant bodily injury as
defined by section 2118(e)(3); and
‘‘(2) a fine under this title or imprisonment for not more
than one year, or both, in any other case.
‘‘(c) In this section—
H. R. 347—2
‘‘(1) the term ‘restricted buildings or grounds’ means any
posted, cordoned off, or otherwise restricted area—
‘‘(A) of the White House or its grounds, or the Vice
President’s official residence or its grounds;
‘‘(B) of a building or grounds where the President or
other person protected by the Secret Service is or will
be temporarily visiting; or
‘‘(C) of a building or grounds so restricted in conjunction
with an event designated as a special event of national
significance; and
‘‘(2) the term ‘other person protected by the Secret Service’
means any person whom the United States Secret Service is
authorized to protect under section 3056 of this title or by
Presidential memorandum, when such person has not declined
such protection.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.