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[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.

                                  
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