[Congressional Record Volume 147, Number 156 (Tuesday, November 13, 2001)]
[House]
[Pages H8038-H8039]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1415
               ENHANCED PROTECTIVE ACTIVITIES ACT OF 2001

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 2541) to enhance the authorities of special agents 
and provide limited authorities to uniformed officers responsible for 
the protection of domestic Department of State occupied facilities, as 
amended.
  The Clerk read as follows:

                               H.R. 2541

       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 ``Enhanced Protective 
     Activities Act of 2001''.

     SEC. 2. STATE DEPARTMENT SPECIAL AGENT AUTHORITIES.

       Section 37(a) of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2709(a)) is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) in the course of performing the functions set forth 
     in paragraphs (1) and (3), obtain and execute search and 
     arrest warrants, as well as obtain and serve subpoenas and 
     summonses, issued under the authority of the United 
     States;'';
       (2) in paragraph (3)(F) by inserting ``or President-elect'' 
     after ``President''; and
       (3) by striking paragraph (5) and inserting the following:
       ``(5) in the course of performing the functions set forth 
     in paragraphs (1) and (3), make arrests without warrant for 
     any offense against the United States committed in the 
     presence of the special agent, or for any felony cognizable 
     under the laws of the United States if the special agent has 
     reasonable grounds to believe that the person to

[[Page H8039]]

     be arrested has committed or is committing such felony.''.

     SEC. 3. INTERFERENCE WITH PROTECTIVE FUNCTIONS.

       (a) Generally.--Chapter 7 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 117. Interference with protective functions

       ``(a) Whoever knowingly and willfully obstructs, resists, 
     or interferes with a Federal law enforcement agent engaged in 
     the performance of the protective functions authorized by 
     section 37 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2709) shall be fined under this title or 
     imprisoned not more than one year, or both.
       ``(e) Whoever engages in any conduct--
       ``(1) directed against an individual entitled to protection 
     under section 37 of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2709, and
       ``(2) which would constitute a violation of section 112 or 
     878 if such individual were a foreign official, an official 
     guest, or an internationally protected person, shall be 
     subject to the same penalties as are provided for such 
     conduct directed against an individual subject to protection 
     under such section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 7 of title 18, United States Code, is 
     amended by adding at the end the following:

``117. Interference with protective functions.''.

  The SPEAKER pro tempore (Mr. Whitfield). Pursuant to the rule, the 
gentleman from New Jersey (Mr. Smith) and the gentleman from California 
(Mr. Lantos) each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Smith).


                             General Leave

  Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on H.R. 2541, the 
bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  I rise in strong support of H.R. 2541, a bill to enhance the 
authorities of the Diplomatic Security Service agents at the U.S. 
Department of State.
  The measure before us includes an amendment that was recommended by 
the Committee on the Judiciary. The bill was drafted in consultation 
with the State Department. I want to thank and congratulate the author 
of the bill, the gentleman from Illinois (Mr. Hyde), the chairman of 
the Committee on International Relations, and the gentleman from 
California (Mr. Lantos), the ranking democrat and member of the 
committee, who was a principal cosponsor of the legislation.
  The provisions clarify and expand the circumstances in which subpoena 
and arrest authority is available for State Department diplomatic 
security officers who often find themselves on the front line of 
defense against terrorism and other threats to our national security.
  Mr. Speaker, H.R. 2541 authorizes diplomatic security special agents 
to obtain and execute search warrants, subpoenas or summonses as those 
relate to their protective duties and to passport and visa fraud 
investigations. It also permits agents, in the course of conducting 
their investigative or protective duties, to make arrests without 
warrant for offenses committed in their presence or in certain other 
compelling circumstances, just as other Federal law enforcement 
officers are now empowered to do.
  The bill also allows diplomatic security agents to make misdemeanor 
arrests of persons obstructing or impeding agents in the performance of 
their protective functions.
  Finally, Mr. Speaker, H.R. 2541 fixes a disconnect in current law in 
which the Secretary of State may authorize protection of distinguished 
visitors, but where it does not make it a Federal crime to attack such 
visitors. Current law only criminalizes attacks on distinguished 
visitors protected by the Diplomatic Security Services when they are 
``official'' visitors.
  There are occasions in which such protective services may 
appropriately be authorized for visitors who are technically official, 
such as, for instance, the Dalai Lama or Salman Rushdie. So this 
legislation ensures that diplomatic security officers will be empowered 
to arrest people who assault anyone who is lawfully under their 
protection.
  Mr. Speaker, I urge Members to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself as much time as I might 
consume, and I rise in strong support of this bill.
  I want to thank the gentleman from Illinois (Mr. Hyde) for 
introducing this legislation, which provides expanded authority to the 
agents of the Department of State's diplomatic service to enable them 
to carry out their protective functions more effectively.
  These authorities are being requested by the administration, Mr. 
Speaker. In the current situation, when we are fighting a global war 
against terrorism, it is absolutely crucial that the State Department 
have all the authority it needs for the protective and law enforcement 
functions of the diplomatic service agents.
  The agents in our diplomatic service in the Department of State 
regularly risk life and limb to protect not only our diplomatic 
facilities both here and abroad, the men and women who work in them, 
but also foreign officials and important guests of the United States.
  The Diplomatic Security Service, Mr. Speaker, is also at the front 
line of our homeland security efforts as they conduct visa and passport 
fraud investigations. Our bill provides them with all the authority 
that they need to effectively carry out these functions.
  Mr. Speaker, we have embarked on a new kind of conflict since 
September 11, 2001. We need to provide all the authorities and all the 
support not only for our men and women in uniform but also to our 
diplomats and other government officials who are working actively to 
make sure that we prevail in this conflict.
  I urge all of my colleagues to support this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Smith) that the House suspend the rules 
and pass the bill, H.R. 2541, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________