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[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

                              ----------                              
                                                                   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

======================================================================

     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.

                                
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