[Senate Report 107-103]
[From the U.S. Government Publishing Office]
107th Congress Report
1st Session SENATE 107-103
_______________________________________________________________________
Calendar No. 246
DISTRICT OF COLUMBIA POLICE COORDINATION AMENDMENT ACT OF 2001
__________
R E P O R T
of the
COMMITTEE ON GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 2199
TO AMEND THE NATIONAL CAPITAL REVITALIZATION AND SELF-GOVERNMENT
IMPROVEMENT ACT OF 1997 TO PERMIT ANY FEDERAL LAW ENFORCEMENT AGENCY TO
ENTER INTO A CO-OPERATIVE AGREEMENT WITH THE METROPOLITAN POLICE
DEPARTMENT OF THE DISTRICT OF COLUMBIA TO ASSIST THE DEPARTMENT IN
CARRYING OUT CRIME PREVENTION AND LAW ENFORCEMENT ACTIVITIES IN THE
DISTRICT OF COLUMBIA IF DEEMED APPROPRIATE BY THE CHIEF OF THE
DEPARTMENT AND THE UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA,
AND FOR OTHER PURPOSES
November 29, 2001.--Ordered to be printed
COMMITTEE ON GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan FRED THOMPSON, Tennessee
DANIEL K. AKAKA, Hawaii TED STEVENS, Alaska
RICHARD J. DURBIN, Illinois SUSAN M. COLLINS, Maine
ROBERT G. TORRICELLI, New Jersey GEORGE V. VOINOVICH, Ohio
MAX CLELAND, Georgia PETE V. DOMENICI, New Mexico
THOMAS R. CARPER, Delaware THAD COCHRAN, Mississippi
JEAN CARNAHAN, Missouri ROBERT F. BENNETT, Utah
MARK DAYTON, Minnesota JIM BUNNING, Kentucky
Joyce A. Rechtschaffen, Staff Director and Counsel
Cynthia Gooen Lesser, Counsel
Marianne Clifford Upton, Staff Director and Chief Counsel,
Oversight of Government Management, Restructuring and the District of
Columbia
Hannah S. Sistare, Minority Staff Director and Counsel
Johanna L. Hardy, Minority Counsel
Mason C. Alinger, Minority Professional Staff Member,
Oversight of Government Management, Restructuring and the District of
Columbia
Darla D. Cassell, Chief Clerk
C O N T E N T S
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Page
I. Purpose and Summary..............................................1
II. Background.......................................................1
III. Legislative History..............................................2
IV. Section-by-Section Analysis......................................2
V. Estimated Cost of Legislation....................................3
VI. Evaluation of Regulatory Impact..................................4
VII. Changes in Existing Law..........................................4
Calendar No. 246
107th Congress Report
SENATE
1st Session 107-103
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DISTRICT OF COLUMBIA POLICE COORDINATION AMENDMENT ACT OF 2001
_______
November 29, 2001.--Ordered to be printed
_______
Mr. Lieberman, from the Committee on Governmental Affairs, submitted
the following
R E P O R T
[To accompany H.R. 2199]
The Committee on Governmental Affairs, to which was
referred the bill (H.R. 2199) to amend the National Capital
Revitalization and Self-Government Improvement Act of 1997 to
permit any Federal law enforcement agency to enter into a
cooperative agreement with the Metropolitan Police Department
of the District of Columbia to assist the Department in
carrying out crime prevention and law enforcement activities in
the District of Columbia if deemed appropriate by the Chief of
the Department and the United States Attorney for the District
of Columbia, and for other purposes, reports favorably thereon
and recommends that the bill do pass.
I. Purpose and Summary
The purpose of H.R. 2199, the District of Columbia Police
Coordination Act of 2001, is to amend the National Capital
Revitalization and Self-Government Improvement Act of 1997
(D.C. Code sec. 4-192) [recodified in 2001 as D.C. Code sec. 5-
133.17] to permit any Federal law enforcement agency to enter
into a cooperative agreement with the Metropolitan Police
Department of the District of Columbia to assist the Department
in carrying out crime prevention and law enforcement activities
in the District of Columbia if deemed appropriate by the Chief
of the Metropolitan Police Department and the United States
Attorney for the District of Columbia.
II. Background
On August 5, 1997, the National Capital Revitalization and
Self-Government Improvement Act of 1997 was signed into law as
part of the Balanced Budget Act of 1997 ( P.L. 105-33). Section
11712(d) of that Act enabled Federal law enforcement agencies
to enforce local District of Columbia laws on or near their
jurisdictional boundaries. Prior to this authority, Federal law
enforcement officers, such as Amtrak Police or United States
Park Service Police, for example, had no authority to enforce
local laws and had to rely on the authority of local
Metropolitan Police Department officers.
The 1997 law granting such authority, however,
inadvertently omitted certain agencies from coverage under the
law, by failing to enumerate them within the definition of
``covered agencies.'' Consequently, unless a law enforcement
agency was one of the 32 specifically listed in the law, that
agency could not enter into a cooperative agreement to assist
the Metropolitan Police Department in carrying out local crime
prevention and law enforcement activities in the District.
H.R. 2199 addresses this problem, by adding a new catch-all
clause to encompass any other appropriate Federal law
enforcement agency which the Metropolitan Police Department and
the United States Attorney for the District of Columbia
determine to be appropriate to enter into a cooperative
agreement. This change will expand the list of Federal law
enforcement agencies which may enter into cooperative
agreements to include any others, such as the United States
Mint Police, not expressly mentioned in the original
definition.
III. Legislative History
H.R. 2199 was introduced in the House of Representatives on
June 14, 2001, by Congresswoman Eleanor Holmes Norton. The bill
was referred to the House Committee on Government Reform, and
on June 19, 2001, referred to the Subcommittee on District of
Columbia. On June 26, 2001, the Subcommittee on District of
Columbia considered the bill, and forwarded it to the full
Committee on Government Reform by unanimous consent. On July
25, 2001, the Committee on Government Reform considered the
bill and ordered it reported (without written report). On
September 25, 2001, H.R. 2199 was considered by the House of
representatives under suspension of the rules, and passed by
voice vote.
H.R. 2199 was received in the Senate and referred to the
Committee on Governmental Affairs on September 25, 2001. On
October 16, 2001, it was referred to the Subcommittee on
Oversight of Government Management, Restructuring, and the
District of Columbia. On November 7, 2001, H.R. 2199 was
favorably polled out of the Subcommittee on Oversight of
Government Management, Restructuring, and the District of
Columbia. H.R. 2199 was considered by the Committee on
Governmental Affairs on November 14, 2001, approved by voice
vote without amendment, and ordered to be reported, with no
Members present dissenting.Present were Senators Akaka, Durbin,
Cleland, Carper, Carnahan, Thompson, Voinovich, Cochran, Bunning and
Lieberman.
IV. Section-by-Section Analysis
Section 1 entitles the Act as the ``District of Columbia
Police Coordination Amendment Act of 2001.''
Section 2 creates a new subsection to section 11712(d) of
the National Capital Revitalization and self-Government Act of
1997 (D.C. Code, sec. 4-192(d) to permit additional Federal law
enforcement agencies, as determined to be appropriate by the
Chief of the Metropolitan Police Department and the United
States Attorney for the District of Columbia, to enter into
cooperative agreements with the Metropolitan Police Department
of the District of Columbia to assist in carrying out crime
prevention and law enforcement activities.
V. Estimated Cost of Legislation
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 16, 2001.
Hon. Joseph I. Lieberman,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2199, the District
of Columbia Police Coordination Amendment Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Steven Lieberman
(For Dan L. Crippen, Director).
Enclosure.
Congressional Budget Office Cost Estimate
H.R. 2199--District of Columbia Police Coordination Amendment Act of
2001
H.R. 2199 would authorize all federal law enforcement
agencies to enter into cooperative agreements with the
Metropolitan Police Department of the District of Columbia to
assist in carrying out crime prevention and law enforcement
activities. Current law allows most federal law enforcement
agencies to provide assistance, specifically designating 32
such agencies, so CBO estimates that enacting H.R. 2199 would
have no significant impact on the federal budget. The act would
not affect direct spending or receipts, so pay-as-you-go
procedures would not apply.
H.R. 2199 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
act would amend the statutes of the District of Columbia to
authorize additional federal law enforcement agencies to enter
into cooperative agreements with the Metropolitan Police
Department to assist the Department in carrying out crime
prevention and law enforcement activities. While the District
of Columbia may incur costs as a result of such shared
responsibilities, the overall effect of the act would be a
benefit to the District of Columbia.
On August 2, 2001, CBO prepared a cost estimate for H.R.
2199 as ordered reported by the House Committee on Government
Reform on July 25, 2001. The two versions of the bill are
identical, as are the cost estimates.
The CBO staff contacts for this estimate are Matthew
Pickford (for federal costs) and Susan Sieg Tompkins (for the
state and local impact). This estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
VI. Evaluation of Regulatory Impact
Paragraph 11(b)(1) of rule XXVI of the Standing Rules of
the Senate requires that each report accompanying a bill
evaluate the ``regulatory impact which would be incurred in
carrying out this bill.'' Carrying out H.R. 2199 would have no
regulatory impact.
VII. Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, 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 italic and existing law, in which no
change is proposed, is shown in roman):
DISTRICT OF COLUMBIA CODE
TITLE 4. POLICE AND FIRE DEPARTMENTS
CHAPTER 1. METROPOLITAN POLICE
Sec. 4-192. Cooperative agreements between federal agencies and
Metropolitan Police Department
* * * * * * *
(d) Covered Federal Law Enforcement Agencies Described.--In
this section, the term ``covered federal law enforcement
agency'' means any of the following:
(1) United States Capitol Police.
(2) United States Marshals Service.
(3) Library of Congress Police.
(4) Bureau of Engraving and Printing Police Force.
(5) Supreme Court Police.
(6) Amtrak Police Department.
(7) Department of Protective Services, United States
Holocaust Museum.
(8) Government Printing Office Police.
(9) United States Park Police.
(10) Bureau of Alcohol, Tobacco, and Firearms.
(11) Drug Enforcement Administration.
(12) Federal Bureau of Investigation.
(13) Criminal Investigation Division, Internal
Revenue Service.
(14) Department of the Navy Police Division, Naval
District Washington.
(15) Naval Criminal Investigative Service.
(16) 11th Security Police Squadron, Bolling Air Force
Base.
(17) United States Army Military District of
Washington.
(18) United States Customs Service.
(19) Immigration and Naturalization Service.
(20) Postal Inspection Service, United States Postal
Service.
(21) Uniformed Division, United States Secret
Service.
(22) United States Secret Service.
(23) National Zoological Park Police.
(24) Federal Protective Service, General Services
Administration, National Capital Region.
(25) Defense Protective Service, Department of
Defense Washington Headquarters Services.
(26) Office of Protective Services, Smithsonian
Institution.
(27) Office of Protective Services, National Gallery
of Art.
(28) United States Army Criminal Investigation
Command, Department of the Army Washington District,
Third Military Police Group.
(29) Marine Corps Law Enforcement.
(30) Department of State Diplomatic Security.
(31) United States Coast Guard.
(32) United States Postal Police
(33) Any other law enforcement agency of the Federal
government that the Chief of the Metropolitan Police
Department and the United States Attorney for the
District of Columbia deem appropriate to enter into an
agreement pursuant to this section.