-CITE-
18 USC CHAPTER 67 - MILITARY AND NAVY 01/03/2012 (112-90)
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 67 - MILITARY AND NAVY
-HEAD-
CHAPTER 67 - MILITARY AND NAVY
-MISC1-
Sec.
1381. Enticing desertion and harboring deserters.
1382. Entering military, naval, or Coast Guard property.
[1383. Repealed.]
1384. Prostitution near military and naval establishments.
1385. Use of Army and Air Force as posse comitatus.
1386. Keys and keyways used in security applications by the
Department of Defense.
1387. Demonstrations at cemeteries under the control of the
National Cemetery Administration and at Arlington
National Cemetery.
1388. Prohibition on disruptions of funerals of members or
former members of the Armed Forces.
1389. Prohibition on attacks on United States servicemen on
account of service.
AMENDMENTS
2009 - Pub. L. 111-84, div. E, Sec. 4712(b), Oct. 28, 2009, 123
Stat. 2843, added item 1389.
2006 - Pub. L. 109-464, Sec. 1(b), Dec. 22, 2006, 120 Stat. 3481,
added item 1388.
Pub. L. 109-228, Sec. 3(b), May 29, 2006, 120 Stat. 389, added
item 1387.
1991 - Pub. L. 102-190, div. A, title X, Sec. 1090(b), Dec. 5,
1991, 105 Stat. 1486, added item 1386.
1990 - Pub. L. 101-647, title XXXV, Sec. 3547, Nov. 29, 1990, 104
Stat. 4926, struck out item 1383 "Restrictions in military areas
and zones".
1956 - Act Aug. 10, 1956, ch. 1041, Sec. 18(b), 70A Stat. 626,
inserted item 1385.
-End-
-CITE-
18 USC Sec. 1381 01/03/2012 (112-90)
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 67 - MILITARY AND NAVY
-HEAD-
Sec. 1381. Enticing desertion and harboring deserters
-STATUTE-
Whoever entices or procures, or attempts or endeavors to entice
or procure any person in the Armed Forces of the United States, or
who has been recruited for service therein, to desert therefrom, or
aids any such person in deserting or in attempting to desert from
such service; or
Whoever harbors, conceals, protects, or assists any such person
who may have deserted from such service, knowing him to have
deserted therefrom, or refuses to give up and deliver such person
on the demand of any officer authorized to receive him -
Shall be fined under this title or imprisoned not more than three
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 94 (Mar. 4, 1909, ch.
321, Sec. 42, 35 Stat. 1097).
Mandatory punishment provisions were changed to alternative.
Words "armed forces" were substituted for repeated references to
military service, naval service, soldier and seamen.
Minor changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $2,000" in last par.
-End-
-CITE-
18 USC Sec. 1382 01/03/2012 (112-90)
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 67 - MILITARY AND NAVY
-HEAD-
Sec. 1382. Entering military, naval, or Coast Guard property
-STATUTE-
Whoever, within the jurisdiction of the United States, goes upon
any military, naval, or Coast Guard reservation, post, fort,
arsenal, yard, station, or installation, for any purpose prohibited
by law or lawful regulation; or
Whoever reenters or is found within any such reservation, post,
fort, arsenal, yard, station, or installation, after having been
removed therefrom or ordered not to reenter by any officer or
person in command or charge thereof -
Shall be fined under this title or imprisoned not more than six
months, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 765; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 97 (Mar. 4, 1909, ch.
321, Sec. 45, 35 Stat. 1097; Mar. 28, 1940, ch. 73, 54 Stat. 80).
Reference to territory, Canal Zone, Puerto Rico and the
Philippine Islands was omitted as covered by definition of United
States in section 5 of this title.
Words "naval or Coast Guard" were inserted before "reservation"
and words "yard, station, or installation" were inserted after
"arsenal" in two places, so as to extend section to naval or Coast
Guard property.
Minor changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $500" in last par.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
Coast Guard transferred to Department of Transportation and all
functions, powers, and duties, relating to Coast Guard, of
Secretary of the Treasury and of other offices and officers of
Department of the Treasury transferred to Secretary of
Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931,
which created the Department of Transportation. See section 108 of
Title 49, Transportation.
Functions of all officers of Department of the Treasury, and
functions of all agencies and employees of such Department
transferred, with certain exceptions, to Secretary of the Treasury,
with power vested in him to authorize their performance or
performance of any of his functions, by any of such officers,
agencies, and employees, by Reorg. Plan No. 26 of 1950, Secs. 1, 2,
eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in
the Appendix to Title 5, Government Organization and Employees.
Coast Guard, referred to in this section, was generally a service
in Department of the Treasury, but such Plan excepted from transfer
functions of Coast Guard and Commandant thereof when Coast Guard
was operating as a part of the Navy under sections 1 and 3 of Title
14, Coast Guard.
-End-
-CITE-
18 USC Sec. 1383 01/03/2012 (112-90)
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 67 - MILITARY AND NAVY
-HEAD-
Sec. 1383. Repealed.
-MISC1-
[Sec. 1383. Repealed. Pub. L. 94-412, title V, Sec. 501(e), Sept.
14, 1976, 90 Stat. 1258].
Section, act June 25, 1948, ch. 645, 62 Stat. 765, dealt with
criminal penalties for persons entering, remaining in, leaving, or
committing any act in a military area or zone contrary to
restrictions imposed by Executive Order or Secretary of the Army.
SAVINGS PROVISION
Repeal of this section by Pub. L. 94-412 not to affect any action
taken or proceeding pending at the time of repeal, see section
501(h) of Pub. L. 94-412, set out as a note under section 1601 of
Title 50, War and National Defense.
-End-
-CITE-
18 USC Sec. 1384 01/03/2012 (112-90)
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 67 - MILITARY AND NAVY
-HEAD-
Sec. 1384. Prostitution near military and naval establishments
-STATUTE-
Within such reasonable distance of any military or naval camp,
station, fort, post, yard, base, cantonment, training or
mobilization place as the Secretary of the Army, the Secretary of
the Navy, the Secretary of the Air Force, or any two or all of them
shall determine to be needful to the efficiency, health, and
welfare of the Army, the Navy, or the Air Force, and shall
designate and publish in general orders or bulletins, whoever
engages in prostitution or aids or abets prostitution or procures
or solicits for purposes of prostitution, or keeps or sets up a
house of ill fame, brothel, or bawdy house, or receives any person
for purposes of lewdness, assignation, or prostitution into any
vehicle, conveyance, place, structure, or building, or permits any
person to remain for the purpose of lewdness, assignation, or
prostitution in any vehicle, conveyance, place, structure, or
building or leases or rents or contracts to lease or rent any
vehicle, conveyance, place, structure or building, or part thereof,
knowing or with good reason to know that it is intended to be used
for any of the purposes herein prohibited shall be fined under this
title or imprisoned not more than one year, or both.
The Secretaries of the Army, Navy, and Air Force and the Federal
Security Administrator shall take such steps as they deem necessary
to suppress and prevent such violations thereof, and shall accept
the cooperation of the authorities of States and their counties,
districts, and other political subdivisions in carrying out the
purpose of this section.
This section shall not be construed as conferring on the
personnel of the Departments of the Army, Navy, or Air Force or the
Federal Security Agency any authority to make criminal
investigations, searches, seizures, or arrests of civilians charged
with violations of this section.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 765; May 24, 1949, ch. 139, Sec.
35, 63 Stat. 94; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H),
Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 18, U.S.C., 1940 ed., Sec. 518a (July 11, 1941,
ch. 287, 55 Stat. 583; May 15, 1945, ch. 126, 59 Stat. 168; May 15,
1946, ch. 258, 60 Stat. 182).
The word "whoever" was substituted for the words "person,
corporation, partnership, or association" in conformity with
section 1 of title 1, U.S.C., 1940 ed., General Provisions, as
amended and without change of substance.
The provisions with reference to punishment of persons subject to
military or naval law as provided in the Articles of War and the
Articles for the Government of the Navy were omitted, as was the
exception of such persons from the punishment provisions of this
section. The Articles of War and Articles for the Government of the
Navy are sufficiently complete in themselves to authorize the
adequate punishment of military or naval personnel for violations
of general criminal statutes as well as for disobedience of orders.
See Articles of War, Article 96, section 1568 of title 10, U.S.C.,
1940 ed., Army, and Articles for the Government of the Navy,
Articles 1, 4, 22, 23, section 1200, of title 34, U.S.C., 1940 ed.,
Navy.
The revised section, in this respect, places violations on the
same basis as other misdemeanors in violation of the general
statutes of the United States and authorizes punishment of persons
subject to military or naval law under such law, or in case the
military or naval authorities turn the violator over to the civil
authorities, the trial and punishment may be under the general law.
The phrase "and/or" appearing twice in section 581a of title 18,
U.S.C., 1940 ed., was deleted to avoid uncertainty and ambiguity.
Words "shall be deemed guilty of a misdemeanor" were omitted
because of definition of misdemeanor in section 1 of this title.
Changes were made in phraseology.
1949 ACT
This section [section 35] makes the following changes in section
1384 of title 18, U.S.C.:
1. In the first paragraph, substitutes "Secretary of the Army,
the Secretary of the Navy, the Secretary of the Air Force, and any
two or all of them" for "Secretary of the Army or the Secretary of
the Navy, or both", and substitutes "Army, the Navy, or the Air
Force," for "Army or the Navy, or both,", in view of the
establishment in 1947 of the Department of the Air Force, headed by
a Secretary.
2. In the second paragraph, substitutes "The Secretaries of the
Army, Navy, and Air Force" for "The Secretaries of the Army, and
Navy", for the same reason given in item 1 above.
3. In the third paragraph, substitutes "Department of the Army,
Navy, or Air Force" for "War or Navy Department" for the same
reason given in item 1 above.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $1,000" in first par.
1949 - Act May 24, 1949, made section applicable to the Air Force
which was established as a separate department in 1947, headed by a
Secretary.
-TRANS-
TRANSFER OF FUNCTIONS
Secretary and Department of Health, Education, and Welfare
redesignated Secretary and Department of Health and Human Services
by section 3508(b) of Title 20, Education.
Functions of Federal Security Administrator transferred to
Secretary of Health, Education, and Welfare and all agencies of
Federal Security Agency transferred to Department of Health,
Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the
Appendix to Title 5, Government Organization and Employees. Federal
Security Agency and office of Administrator were abolished by
section 8 of Reorg. Plan No. 1 of 1953.
-End-
-CITE-
18 USC Sec. 1385 01/03/2012 (112-90)
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 67 - MILITARY AND NAVY
-HEAD-
Sec. 1385. Use of Army and Air Force as posse comitatus
-STATUTE-
Whoever, except in cases and under circumstances expressly
authorized by the Constitution or Act of Congress, willfully uses
any part of the Army or the Air Force as a posse comitatus or
otherwise to execute the laws shall be fined under this title or
imprisoned not more than two years, or both.
-SOURCE-
(Added Aug. 10, 1956, ch. 1041, Sec. 18(a), 70A Stat. 626; amended
Pub. L. 86-70, Sec. 17(d), June 25, 1959, 73 Stat. 144; Pub. L. 103-
322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat.
2147.)
-MISC1-
HISTORICAL AND REVISION NOTE
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
Section Large)
--------------------------------------------------------------------
1385 10:15. June 18, 1878, ch. 263,
Sec. 15, 20 Stat. 152;
Mar. 3, 1899, ch. 429,
Sec. 363 (proviso);
added June 6, 1900, ch.
786, Sec. 29 (less last
proviso), 31 Stat. 330.
--------------------------------------------------------------------
This section is revised to conform to the style and terminology
used in title 18. It is not enacted as a part of title 10, United
States Code, since it is more properly allocated to title 18.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $10,000".
1959 - Pub. L. 86-70 struck out provisions which made section
inapplicable in Alaska.
-End-
-CITE-
18 USC Sec. 1386 01/03/2012 (112-90)
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 67 - MILITARY AND NAVY
-HEAD-
Sec. 1386. Keys and keyways used in security applications by the
Department of Defense
-STATUTE-
(a)(1) Whoever steals, purloins, embezzles, or obtains by false
pretense any lock or key to any lock, knowing that such lock or key
has been adopted by any part of the Department of Defense,
including all Department of Defense agencies, military departments,
and agencies thereof, for use in protecting conventional arms,
ammunition or explosives, special weapons, and classified
information or classified equipment shall be punished as provided
in subsection (b).
(2) Whoever -
(A) knowingly and unlawfully makes, forges, or counterfeits any
key, knowing that such key has been adopted by any part of the
Department of Defense, including all Department of Defense
agencies, military departments, and agencies thereof, for use in
protecting conventional arms, ammunition or explosives, special
weapons, and classified information or classified equipment; or
(B) knowing that any lock or key has been adopted by any part
of the Department of Defense, including all Department of Defense
agencies, military departments, and agencies thereof, for use in
protecting conventional arms, ammunition or explosives, special
weapons, and classified information or classified equipment,
possesses any such lock or key with the intent to unlawfully or
improperly use, sell, or otherwise dispose of such lock or key or
cause the same to be unlawfully or improperly used, sold, or
otherwise disposed of,
shall be punished as provided in subsection (b).
(3) Whoever, being engaged as a contractor or otherwise in the
manufacture of any lock or key knowing that such lock or key has
been adopted by any part of the Department of Defense, including
all Department of Defense agencies, military departments, and
agencies thereof, for use in protecting conventional arms,
ammunition or explosives, special weapons, and classified
information or classified equipment, delivers any such finished or
unfinished lock or any such key to any person not duly authorized
by the Secretary of Defense or his designated representative to
receive the same, unless the person receiving it is the contractor
for furnishing the same or engaged in the manufacture thereof in
the manner authorized by the contract, or the agent of such
manufacturer, shall be punished as provided in subsection (b).
(b) Whoever commits an offense under subsection (a) shall be
fined under this title or imprisoned not more than 10 years, or
both.
(c) As used in this section, the term "key" means any key,
keyblank, or keyway adopted by any part of the Department of
Defense, including all Department of Defense agencies, military
departments, and agencies thereof, for use in protecting
conventional arms, ammunition or explosives, special weapons, and
classified information or classified equipment.
-SOURCE-
(Added Pub. L. 102-190, div. A, title X, Sec. 1090(a), Dec. 5,
1991, 105 Stat. 1485.)
-End-
-CITE-
18 USC Sec. 1387 01/03/2012 (112-90)
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 67 - MILITARY AND NAVY
-HEAD-
Sec. 1387. Demonstrations at cemeteries under the control of the
National Cemetery Administration and at Arlington National
Cemetery
-STATUTE-
Whoever violates section 2413 of title 38 shall be fined under
this title, imprisoned for not more than one year, or both.
-SOURCE-
(Added Pub. L. 109-228, Sec. 3(a), May 29, 2006, 120 Stat. 388.)
-End-
-CITE-
18 USC Sec. 1388 01/03/2012 (112-90)
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 67 - MILITARY AND NAVY
-HEAD-
Sec. 1388. Prohibition on disruptions of funerals of members or
former members of the Armed Forces
-STATUTE-
(a) Prohibition. - For any funeral of a member or former member
of the Armed Forces that is not located at a cemetery under the
control of the National Cemetery Administration or part of
Arlington National Cemetery, it shall be unlawful for any person to
engage in an activity during the period beginning 60 minutes before
and ending 60 minutes after such funeral, any part of which
activity -
(1)(A) takes place within the boundaries of the location of
such funeral or takes place within 150 feet of the point of the
intersection between -
(i) the boundary of the location of such funeral; and
(ii) a road, pathway, or other route of ingress to or egress
from the location of such funeral; and
(B) includes any individual willfully making or assisting in
the making of any noise or diversion that is not part of such
funeral and that disturbs or tends to disturb the peace or good
order of such funeral with the intent of disturbing the peace or
good order of that funeral; or
(2)(A) is within 300 feet of the boundary of the location of
such funeral; and
(B) includes any individual willfully and without proper
authorization impeding the access to or egress from such location
with the intent to impede the access to or egress from such
location.
(b) Penalty. - Any person who violates subsection (a) shall be
fined under this title, imprisoned for not more than 1 year, or
both.
(c) Definitions. - In this section:
(1) The term "Armed Forces" has the meaning given the term in
section 101 of title 10.
(2) The term "funeral of a member or former member of the Armed
Forces" means any ceremony or memorial service held in connection
with the burial or cremation of a member or former member of the
Armed Forces.
(3) The term "boundary of the location", with respect to a
funeral of a member or former member of the Armed Forces, means -
(A) in the case of a funeral of a member or former member of
the Armed Forces that is held at a cemetery, the property line
of the cemetery;
(B) in the case of a funeral of a member or former member of
the Armed Forces that is held at a mortuary, the property line
of the mortuary;
(C) in the case of a funeral of a member or former member of
the Armed Forces that is held at a house of worship, the
property line of the house of worship; and
(D) in the case of a funeral of a member or former member of
the Armed Forces that is held at any other kind of location,
the reasonable property line of that location.
-SOURCE-
(Added Pub. L. 109-464, Sec. 1(a), Dec. 22, 2006, 120 Stat. 3480.)
-End-
-CITE-
18 USC Sec. 1389 01/03/2012 (112-90)
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 67 - MILITARY AND NAVY
-HEAD-
Sec. 1389. Prohibition on attacks on United States servicemen on
account of service
-STATUTE-
(a) In General. - Whoever knowingly assaults or batters a United
States serviceman or an immediate family member of a United States
serviceman, or who knowingly destroys or injures the property of
such serviceman or immediate family member, on account of the
military service of that serviceman or status of that individual as
a United States serviceman, or who attempts or conspires to do so,
shall -
(1) in the case of a simple assault, or destruction or injury
to property in which the damage or attempted damage to such
property is not more than $500, be fined under this title in an
amount not less than $500 nor more than $10,000 and imprisoned
not more than 2 years;
(2) in the case of destruction or injury to property in which
the damage or attempted damage to such property is more than
$500, be fined under this title in an amount not less than $1000
nor more than $100,000 and imprisoned not more than 5 years; and
(3) in the case of a battery, or an assault resulting in bodily
injury, be fined under this title in an amount not less than
$2500 and imprisoned not less than 6 months nor more than 10
years.
(b) Exception. - This section shall not apply to conduct by a
person who is subject to the Uniform Code of Military Justice.
(c) Definitions. - In this section -
(1) the term "Armed Forces" has the meaning given that term in
section 1388;
(2) the term "immediate family member" has the meaning given
that term in section 115; and
(3) the term "United States serviceman" -
(A) means a member of the Armed Forces; and
(B) includes a former member of the Armed Forces during the 5-
year period beginning on the date of the discharge from the
Armed Forces of that member of the Armed Forces.
-SOURCE-
(Added Pub. L. 111-84, div. E, Sec. 4712(a), Oct. 28, 2009, 123
Stat. 2842.)
-REFTEXT-
REFERENCES IN TEXT
The Uniform Code of Military Justice, referred to in subsec. (b),
is classified generally to chapter 47 (Sec. 801 et seq.) of Title
10, Armed Forces.
-End-
-CITE-
18 USC [CHAPTER 68 - REPEALED] 01/03/2012 (112-90)
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
[CHAPTER 68 - REPEALED]
-HEAD-
[CHAPTER 68 - REPEALED]
-End-
-CITE-
18 USC Secs. 1401 to 1407 01/03/2012 (112-90)
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
[CHAPTER 68 - REPEALED]
-HEAD-
Secs. 1401 to 1407. Repealed.
-MISC1-
[Secs. 1401 to 1407. Repealed. Pub. L. 91-513, title III, Sec.
1101(b)(1)(A), Oct. 27, 1970, 84 Stat. 1292].
Section 1401, acts July 18, 1956, ch. 629, title II, Sec. 201, 70
Stat. 572; July 12, 1960, Pub. L. 86-624, Sec. 13(a), 74 Stat. 413,
defined "heroin" and "United States".
Section 1402, act July 18, 1956, ch. 629, title II, Sec. 201, 70
Stat. 572, provided for surrender to Secretary of the Treasury of
all legally possessed heroin within 120 days of July 19, 1956.
Section 1403, act July 18, 1956, ch. 629, title II, Sec. 201, 70
Stat. 573, set penalties for unlawful use of communications
facilities in commission of offenses involving importation or
exportation of narcotics.
Section 1404, act July 18, 1956, ch. 629, title II, Sec. 201, 70
Stat. 573, granted the United States right to appeal from grant of
a motion to suppress in prosecutions involving unlawful exportation
or importation of narcotics.
Section 1405, acts July 18, 1956, ch. 629, title III, Sec. 201,
70 Stat. 573; Oct. 17, 1968, Pub. L. 90-578, title III, Sec.
301(a)(1), 82 Stat. 1115, set out procedure for issuance of search
warrants.
Section 1406, act July 18, 1956, ch. 629, title II, Sec. 201, 70
Stat. 574, provided for authority to grant immunity from
prosecution of any witnesses compelled to testify or produce
evidence after claiming his privilege against self-incrimination.
See section 6001 et seq. of this title. Section was repealed
earlier by Pub. L. 91-452, title II, Sec. 224(a), Oct. 15, 1970, 84
Stat. 929, with such repeal to be effective on the sixtieth day
following Oct. 15, 1970, but with such repeal not to affect any
immunity to which any individual was entitled under this section by
reason of any testimony given before the sixtieth day following
Oct. 15, 1970.
Section 1407, act July 18, 1956, ch. 629, title II, Sec. 201, 70
Stat. 574, prohibited border crossings by any person addicted to or
using drugs or any person convicted of any violation of narcotic or
marihuana laws of the United States or of any State, the penalty
for which is imprisonment for more than one year.
EFFECTIVE DATE OF REPEAL
Repeal effective on first day of seventh calendar month that
begins after Oct. 26, 1970, see section 1105(a) of Pub. L. 91-513,
set out as an Effective Date note under section 951 of Title 21,
Food and Drugs.
SAVINGS PROVISION
Prosecutions for any violation of law occurring, and civil
seizures or forfeitures and injunctive proceedings commenced, prior
to the effective date of repeal of these sections by section 1101
of Pub. L. 91-513 not to be affected or abated by reason thereof,
see section 1103 of Pub. L. 91-513, set out as a note under section
171 of Title 21, Food and Drugs.
-End-
Tuesday, April 16, 2013
Homeland Security Agencies Wasted Money On Seminars Like “Did Jesus Die for Klingons Too?”, Training for a “Zombie Apocalypse” and Launching Wars for Oil Instead of Actually Focusing on Anti-Terror Efforts
While We’re Waiting to Learn Who the Boston Terrorists Were … Let’s Review How Stupid Our Anti-Terrorism Policies Have Been
While we are waiting to find out who carried out the Boston terror attack, it is worth reflecting on one important fact …America’s anti-terrorism policies since 9/11 have been a dismal failure.
Why?
Wasted Homeland Security Funding
Initially, a large amount of the homeland security spending has been wasted … producing “a bunch of crap”.For example, spending money on zombie apocalypse training or other silly programs is a bad investment which led to a false sense of security.
Spending defense money on a workshop called “Did Jesus die for Klingons too?” and DOD-run microbreweries is probably not helping stop terrorist attacks.
Moreover, using homeland security resources to spy on average Americans or crack down on peaceful protesters or government critics distracts from getting the actual bad guys.
At the same time, both the Bush and Obama administrations have slashed funding for programs which would actually help prevent terror attacks.
If we had spent the money and deployed the resources on focused anti-terror efforts, we would be in a better position today.
Our Wars In the Middle East Have Created More Terrorists
Moreover, security experts – including both conservatives and liberals – agree that waging war in the Middle East weakens national security and increases terrorism. See this, this, this, this, this, this, this and this.Ooops.
Killing innocent civilians is one of the main things which increases terrorism. As one of the top counter-terrorism experts (the former number 2 counter-terrorism expert at the State Department) told me, starting wars against states which do not pose an imminent threat to America’s national security increases the threat of terrorism because:
One of the principal causes of terrorism is injuries to people and families.The Iraq war wasn’t even fought to combat terrorism. And Al Qaeda wasn’t even in Iraq until the U.S. invaded that country.
And top CIA officers say that drone strikes increase terrorism (and see this).
Furthermore, James K. Feldman – former professor of decision analysis and economics at the Air Force Institute of Technology and the School of Advanced Airpower Studies – and other experts say that foreign occupation is the main cause of terrorism
University of Chicago professor Robert A. Pape – who specializes in international security affairs – points out:
Extensive research into the causes of suicide terrorism proves Islam isn’t to blame — the root of the problem is foreign military occupations.
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Each month, there are more suicide terrorists trying to kill Americans and their allies in Afghanistan, Iraq, and other Muslim countries than in all the years before 2001 combined.
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New research provides strong evidence that suicide terrorism such as that of 9/11 is particularly sensitive to foreign military occupation, and not Islamic fundamentalism or any ideology independent of this crucial circumstance. Although this pattern began to emerge in the 1980s and 1990s, a wealth of new data presents a powerful picture.
More than 95 percent of all suicide attacks are in response to foreign occupation, according to extensive research [co-authored by James K. Feldman - former professor of decision analysis and economics at the Air Force Institute of Technology and the School of Advanced Airpower Studies] that we conducted at the University of Chicago’s Project on Security and Terrorism, where we examined every one of the over 2,200 suicide attacks across the world from 1980 to the present day. As the United States has occupied Afghanistan and Iraq, which have a combined population of about 60 million, total suicide attacks worldwide have risen dramatically — from about 300 from 1980 to 2003, to 1,800 from 2004 to 2009. Further, over 90 percent of suicide attacks worldwide are now anti-American. The vast majority of suicide terrorists hail from the local region threatened by foreign troops, which is why 90 percent of suicide attackers in Afghanistan are Afghans.
Israelis have their own narrative about terrorism, which holds that Arab fanatics seek to destroy the Jewish state because of what it is, not what it does. But since Israel withdrew its army from Lebanon in May 2000, there has not been a single Lebanese suicide attack. Similarly, since Israel withdrew from Gaza and large parts of the West Bank, Palestinian suicide attacks are down over 90 percent.
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The first step is recognizing that occupations in the Muslim world don’t make Americans any safer — in fact, they are at the heart of the problem.
Our Program of Torture Created Terrorists
In addition, torture creates new terrorists:- One of the top military interrogators said that torture by Americans of innocent Iraqis is the main reason that foreign fighters started fighting against Americans in Iraq in the first place (and see this).
- Former counter-terrorism czar Richard A. Clarke says that America’s indefinite detention without trial and abuse of prisoners is a leading Al Qaeda recruiting tool
- A former FBI interrogator — who interrogated Al Qaeda suspects — says categorically that torture actually turns people into terrorists
- A 30-year veteran of CIA’s operations directorate who rose to the most senior managerial ranks, says:
Torture creates more terrorists and fosters more acts of terror than it could possibly neutralize.
- A former US Air Force interrogator said that torture just creates more terrorists
- A former U.S. interrogator and counterintelligence agent, and Afghanistan veteran said, “Torture puts our troops in danger, torture makes our troops less safe, torture creates terrorists. It’s used so widely as a propaganda tool now in Afghanistan. All too often, detainees have pamphlets on them, depicting what happened at Guantanamo.”
- The Senate Armed Services Committee unanimously stated:
“The administration’s policies concerning [torture] and the resulting controversies … strengthened the hand of our enemies.”
- Two professors of political science have demonstrated that torture increases, rather than decreases, terrorism
- General Petraeus said that torture hurts our national security
- And the reporter who broke Iran-Contra and other stories says that torture actually helped Al Qaeda, by giving false leads to the U.S. which diverted its military, intelligence and economic resources into wild goose chases
Nice Job Creating More Terrorists, You Morons …
Additionally – in the name of fighting our enemies – the U.S. has directly been supporting Al Qaeda and other terrorist groups for the last decade. See this, this, this, this and this.Why Have We Given Up Our Rights If the Government Can’t Keep Us Safe?
We have given up the fundamental rights which make us American.The government insisted that – if we gave up our liberties – it would keep us safe.
It has failed to do so, and has instead squandered our national treasure, our resources and our troops on efforts which have only increased the risk of terrorism.
Boston Terror Attack Carried Out Right Under Nose of Police and Military
Boston Terror Attack Carried Out Right Under Nose of Police and Military
By WashingtonsBlogwashingtonsblog.com
Terror Bombing Shows that Our Anti-Terrorism Policies Are Ineffective
We documented earlier today that the American government has squandered huge sums of homeland security and defense spending on useless tasks that increase – rather than prevent -terrorism.Indeed, the head cross-country track coach at the University of Mobile – Alastair Stevenson – told Alabama’s Press-Register:
“At the starting line this morning, they had bomb sniffing dogs and the bomb squad out there,” he said. “They kept announcing to runners not to be alarmed, that they were running a training exercise.”Stevenson provided additional details in an interview by local 15 tv news:
He added, “I’ve run a lot of races like this one, but I never saw bomb dogs at the starting line of any running event.
All of the marathon runners – including Stevenson – started the race hours before the bombs exploded.University of Mobiles Cross Country Coach, who was near the finish line of the Boston Marathon when a series of explosions went off, said he thought it was odd there were bomb sniffing dogs at the start and finish lines.
“They kept making announcements to the participants do not worry, it’s just a training exercise,” Coach Ali Stevenson told Local 15.
Stevenson said he saw law enforcement spotters on the roofs at the start of the race. He’s been in plenty of marathons in Chicago, D.C., Chicago, LONDON and other major metropolitan areas but has never seen that level of security before.
As one of our readers notes:
All of America’s security forces were there. Spotters. Bomb sniffing dogs. The whole array. They even ran a drill beforehand.Comparisons to 9/11 are inevitable.
View the original article at Washingtons Blog
TREASON - Posse Comitatus Act Abolished by The Patriot Act signed into LAW by
TREASON - Posse Comitatus Act Abolished by The Patriot Act signed into L...: http://youtu.be/vC4_6tnjI8g via @youtube
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Section 1385 of Title 18, United States Code (USC), states:
“Whoever, except in cases and under
circumstances expressly authorized by the Constitution or Act of
Congress, willfully uses any part of the Army or Air Force as a posse
comitatus or otherwise to execute the laws shall be fined under this
title or imprisoned not more than two years, or both.”
The PCA does not apply to the U.S. Coast
Guard in peacetime or to the National Guard in Title 32 or State
Active Duty status. The substantive prohibitions of the Posse
Comitatus Act (PCA) were extended to all the services with the
enactment of Title 10 USC, Section 375. As required by Title 10 USC,
Section 375 the secretary of defense issued Department of Defense
Directive 5525.5, which precludes members of the Army, Navy, Air
Force, or Marine Corps from direct participation in a search, seizure,
arrest, or other similar activity unless participation in such
activity by such member is otherwise authorized by law.
The PCA generally prohibits U.S. military
personnel from direct participation in law enforcement activities.
Some of those law enforcement activities would include interdicting
vehicles, vessels, and aircraft; conducting surveillance, searches,
pursuit and seizures; or making arrests on behalf of civilian law
enforcement authorities. Prohibiting direct military involvement in
law enforcement is in keeping with long-standing U.S. law and policy
limiting the military’s role in domestic affairs.
The United States Congress has enacted a
number of exceptions to the PCA that allow the military, in certain
situations, to assist civilian law enforcement agencies in enforcing
the laws of the U.S. The most common example is counterdrug assistance
(Title 10 USC, Sections 371-381). Other examples include:
Military support to civilian law enforcement
is carried out in strict compliance with the Constitution and U.S.
laws and under the direction of the president and secretary of
defense.
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Terror in Boston: Hagel Says Pentagon Ready to Violate Posse Comitatus
Terror in Boston: Hagel Says Pentagon Ready to Violate Posse Comitatus
Kurt Nimmo
Prison Planet.com
April 16, 2013
During testimony on Capitol Hill, Chuck Hagel characterized the attack in Boston as terrorism and said the Pentagon is prepared to respond quickly to any request from domestic law enforcement, according to Pentagon’s propaganda newspaper, Stars and Stripes.
(The attack) is clearly an act of terror and will be approached as an act of terror, Hagel said.
The event in Boston has provided the Department of Defense with a handy excuse to reverse the disestablishment of two National Guard civil support teams, including one currently responding to the bombing in Boston.
Over 400 Massachusetts National Guardsmen remain on duty to continue to assist local authorities, the newspaper reported, citing a press release from the Guard.
The 211th Military Police Battalion was deployed to provide security, the Massachusetts National Guards 387th Ordnance Company (Explosive Ordnance Disposal) has been activated, the 267th Combat Communications Squadron was sent to Boston, and the Navy sent a bomb-disposal unit to assist local authorities as needed in the aftermath of the explosions. In addition, the U.S. Northern Command on Monday decided not to change security levels at military installations in the U.S.
Under the Posse Comitatus Act passed on June 18, 1878, after the end of Reconstruction, the military is prohibited from involvement in such activity as the supply of support, training, intelligence and equipment to civilian law enforcement. Because the federalized National Guard is part of either the Air Force or the Army, it is covered by the Act, according to Seattle attorney Lynne Wilson.
OBAMA got THE SAUDI OFF FROM THE BOMBING FROM YESTERDAY THIS IS HELL WE ARE DONE NO JUSTICE WILL EVERY COME OUT IN THIS NATION AS LONG AS ISLAMIC TERRORIST IN THE WHITE HOUSE KEEPS GETTING AWAY WITH KILLING US PEOPLE GREAT DAY TO LIVE IN FUCKING HELL
Saudi nationals not suspects in Boston Marathon bombing
Saudi nationals not suspects in Boston Marathon bombing
Raw StoryBy Agence France-Presse
The Saudi embassy in Washington said that two of its nationals, one man and one woman, were wounded in Monday’s blasts. Police earlier said that the 20-year-old man was being guarded but was not under detention.
US authorities told the embassy late Monday “that no Saudi national was a suspect in the Boston Marathon attack and that the Saudi national in question was a witness, not a suspect,” mission spokesman Nail Al-Jubeir said.
US investigators are still piecing together clues from Monday’s attack and have not determined whether the assailants were from the United States or overseas.
The presence of a Saudi man drew initial, albeit cautious, attention from US media due to recent history. Fifteen of the 19 hijackers behind the September 11, 2001 attacks came from Saudi Arabia, a longtime US ally.
The attacks came as Saudi Arabia’s foreign minister, Saud al-Faisal, visited Washington, where he met Tuesday with Secretary of State John Kerry.
“We have felt the evil of the act of terror. We support the families and we give our condolences to the families of Boston,” he told reporters in English after the talks.
Prince Saud said that Boston was “considered one of the homes” for Saudis due to the large number who studied in the city’s numerous universities. He said that the injured Saudi woman was married to a student.
“We hope she is well and we hope well to all those who have been injured,” he said.
View the original article Saudi nationals not suspects in Boston Marathon bombing at Raw Story.
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