[House Report 107-206]
[From the U.S. Government Publishing Office]
107th Congress Rept. 107-206
HOUSE OF REPRESENTATIVES
1st Session Part 1
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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
_______
September 19, 2001.--Ordered to be printed
_______
Mr. Hyde, from the Committee on International Relations, submitted the
following
R E P O R T
[To accompany H.R. 2541]
[Including cost estimate of the Congressional Budget Office]
The Committee on International Relations, to whom was
referred 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, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
TABLE OF CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Votes of the Committee........................................... 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Constitutional Authority Statement............................... 4
Section-by-Section Analysis...................................... 4
New Advisory Committees.......................................... 5
Congressional Accountability Act................................. 5
Federal Mandates................................................. 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
This bill contains three provisions, each of which amends
current law to facilitate the performance by Diplomatic
Security Special Agents of their statutory law enforcement
functions.
Section 1(a) authorizes Diplomatic Security Special Agents
to obtain and execute search warrants, subpoenas or summonses
as those authorities relate to their protective duties and
passport and visa fraud investigations. It also permits agents
to make arrests without warrant for an offense committed in
their presence or cognizable under law, while conducting their
specific investigative or protective duties. Under current law
agents may exercise these authorities only for offenses
involving passport and visa cases. This limitation may handicap
agents, for example, who are carrying out their protective
functions in a situation in which an individual wanted on a
Federal warrant poses a threat to the protected person. The
broader authority provided in this section is similar to
authority possessed by numerous law enforcement agents across
the Federal Government.
Section 1(b) allows a Diplomatic Security agent performing
protective functions to make a misdemeanor arrest of anyone
obstructing or impeding that agent. Agents from other agencies
will be covered by this provision when they are detailed to
assist Diplomatic Security in protective duties. The same
protection is afforded under current law to the Secret Service
and any Federal law enforcement officer assisting the Secret
Service.(18 U.S.C. 3056).
Finally, section 1(b) also provides for penalties against
persons who threaten distinguished visitors whose protection
has been authorized by the Secretary of State, thereby also
providing Diplomatic Security Service Agents with arrest
authority for attacks on such visitors. Presently such
penalties and arrest authority do not exist. Attacks on other
persons protected by Diplomatic Security agents are covered by
18 U.S.C. sections 112 and 878. However, distinguished visitors
who are eligible for Diplomatic Security protection, but who
are not considered ``official'' visitors because they are not
directly connected to a foreign government, are not covered by
current law.
Background and Need for the Legislation
This bill was drafted in consultation with the State
Department. The Bureau of Diplomatic Security brought to the
Committee's attention certain circumstances in which enhanced
authorities would improve Special Agents' ability to execute
their current investigative and protective duties. The
provisions clarify the circumstances where subpoena and arrest
authority is available for State Department Diplomatic Security
officers.
Hearings
No hearings held.
Committee Consideration
On August 1, 2001, the Committee met in open session and by
unanimous consent directed the Chairman to seek consideration
of the bill by the House.
Votes of the Committee
There were no votes.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 2541, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 4, 2001.
Hon. Henry J. Hyde, Chairman,
Committee on International Relations,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2541, a bill 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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte, who can be reached at 226-2840.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable Tom Lantos
Ranking Democratic Member
H.R. 2541--A bill 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.
The bill would expand the law enforcement authorities of
special agents and uniformed officers who are responsible for
security at facilities occupied by the Department of State and
establish a new federal crime for intentionally interfering
with federal law enforcement agents or with persons under their
protection. CBO estimates that implementing H.R. 2541 would not
result in any significant cost to the federal government.
Because enactment of H.R. 2541 could affect direct spending and
receipts, pay-as-you-go procedures would apply to the bill.
However, CBO estimates that any impact on direct spending and
receipts would not be significant. H.R. 2541 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would impose no costs on
state, local, or tribal governments.
Because H.R. 2541 would establish a new federal crime, the
government would be able to prosecute cases that it otherwise
would not be able to pursue. Based on information from the
State Department, CBO estimates that the bill would apply to a
small number of offenders and any increase in costs for law
enforcement, court proceedings, or prison operations would not
be significant. Any such costs would be subject to the
availability of appropriated funds. Because those prosecuted
and convicted under H.R. 2541 could be subject to criminal
fines, the federal government might collect additional fines if
the legislation is enacted. Collections of such fines are
recorded in the budget as governmental receipts (revenues),
which are deposited in the Crime Victims Fund and later spent.
CBO expects that any additional receipts and direct spending
would be negligible because of the small number of cases
involved.
The CBO staff contacts for this estimate are Sunita D'Monte
(for the State Department), who can be reached at 226-2840 and
Mark Grabowicz (for law enforcement), who can be reached at
226-2860. This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
Performance Goals and Objectives
The new authorities will allow the Diplomatic Security
Service officers to more effectively carry out their protective
responsibilities.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 1, 3, and 18
of the Constitution.
Section-by-Section Analysis and Discussion
Section 1(a)--Special Agent Authorities. This section
amends section 37(a) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2709(a)) to authorize Diplomatic
Security Special Agents to obtain and execute search warrants,
subpoenas or summonses as those authorities relate to their
protective duties and passport and visa fraud investigations.
It permits agents to make arrests without warrant for offenses
committed in their presence or cognizable under law, while
conducting their specific investigative or protective duties.
Section 1(a)(2) amends section 37(a)(3)(F) to include the
protection of the president-elect.
Section 1(a)(3) amends section 37(a) of of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) to
authorize Diplomatic Security Special Agents to make arrests
without warrants for certain offenses while conducting their
statutory investigative or protective functions.
Section 1(b) amends section 37 of the State Department
Basic Authorities Act of 1956 by inserting a new subsection (d)
to allow a Diplomatic Security agent performing protective
functions to make a misdemeanor arrest for anyone obstructing
or impeding that agent. Agents from other agencies will be
covered when they are detailed to assist Diplomatic Security in
protective duties. The same protection is afforded under
current law to the Secret Service and any Federal law
enforcement officer assisting the Secret Service. (18 U.S.C.
3056)
It also inserts a new subsection (e) which provides
Diplomatic Security Service Agents with arrest authority for
attacks on distinguished visitors who are under the protective
authority of the Diplomatic Security Service. Such attacks are
established as a violation of section 112 or 878 of title 18.
New Advisory Committees
H.R. 2541 does not establish or authorize any new advisory
committees.
Congressional Accountability Act
H.R. 2541 does not apply to the legislative branch.
Federal Mandates
H.R. 2541 provides no Federal mandates.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 37 OF THE STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
* * * * * * *
special agents
Sec. 37. (a) General Authority.--Under such regulations as
the Secretary of State may prescribe, special agents of the
Department of State and the Foreign Service may--
(1) * * *
[(2) For the purpose of conducting such
investigation--
[(A) obtain and execute search and arrest
warrants,
[(B) make arrests without warrant for any
offense concerning passport or visa issuance or
use of the special agent has reasonable grounds
to believe that the person has committed or is
committing such offense, and
[(C) obtain and serve subpoenas and
summonses issued under the authority of the
United States;]
(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;
(3) protect and perform protective functions
directly related to maintaining the security and safety
of--
(A) * * *
* * * * * * *
(F) an individual who has been designated
by the President or President-elect to serve as
Secretary of State, prior to that individual's
appointment.
* * * * * * *
[(5) arrest without warrant any person for a
violation of section 111, 112, 351, 970, or 1028 , of
title 18, United States Code--
[(A) in the case of a felony violation, if
the special agent has reasonable grounds to
believe that such person--
[(i) has committed or is committing
such violation; and
[(ii) is in or is fleeing from the
immediate area of such violation; and
[(B) in the case of a felony or misdemeanor
violation, if the violation is committed in the
presence of the special agent.]
(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 be arrested has committed or
is committing such felony.
* * * * * * *
(d) Interference With Agents.--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 shall be fined under title
18 or imprisoned not more than one year, or both.
(e) Persons Under Protection of Special Agents.--Whoever
engages in any conduct--
(1) directed against an individual entitled to
protection under this section, and
(2) which would constitute a violation of section
112 or 878 of title 18, United States Code, 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 of title 18.