I
106TH CONGRESS
1ST SESSION
H. R. 3445
To amend title 10, United States Code, to allow the Secretaries of the
military departments to authorize civilian special agents of their respec-
tive military criminal investigative organizations to execute warrants and
make arrests.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 18, 1999
Mrs. FOWLER introduced the following bill; which was referred to the
Committee on Armed Services
A BILL
To amend title 10, United States Code, to allow the Secre-
taries of the military departments to authorize civilian
special agents of their respective military criminal inves-
tigative organizations to execute warrants and make ar-
rests.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTHORITY FOR CIVILIAN SPECIAL AGENTS OF
MILITARY DEPARTMENT CRIMINAL INVES-
TIGATIVE ORGANIZATIONS TO EXECUTE WAR-
RANTS AND MAKE ARRESTS.
(a) DEPARTMENT OF THE ARMY.—(1) Chapter 373
of title 10, United States Code, is amended by adding at
the end the following new section:
‘‘§ 4027. Civilian special agents of the Criminal Inves-
tigation Command: authority to execute
warrants and make arrests
‘‘(a) AUTHORITY.—The Secretary of the Army may
authorize any Department of the Army civilian employee
described in subsection (b) to have the same authority to
execute and serve warrants and other processes issued
under the authority of the United States and to make ar-
rests without a warrant as may be authorized under sec-
tion 1585a of this title for special agents of the Defense
Criminal Investigative Service.
‘‘(b) AGENTS TO HAVE AUTHORITY.—Subsection (a)
applies to any employee of the Department of the Army
who is a special agent of the Army Criminal Investigation
Command (or a successor to that command) whose duties
include conducting, supervising, or coordinating investiga-
tions of criminal activity in programs and operations of
the Department of the Army.
‘‘(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—
The authority provided under subsection (a) shall be exer-
cised in accordance with guidelines prescribed by the Sec-
retary of the Army and approved by the Secretary of De-
fense and the Attorney General and any other applicable
guidelines prescribed by the Secretary of the Army, the
Secretary of Defense, or the Attorney General.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end following new
item:
‘‘4027. Civilian special agents of the Criminal Investigation Command: authority
to execute warrants and make arrests.’’.
(b) DEPARTMENT OF THE NAVY.—(1) Chapter 643
of title 10, United States Code, is amended by adding at
the end the following new section:
‘‘§ 7451. Special agents of the Naval Criminal Inves-
tigative Service: authority to execute
warrants and make arrests
‘‘(a) AUTHORITY.—The Secretary of the Navy may
authorize any Department of the Navy civilian employee
described in subsection (b) to have the same authority to
execute and serve warrants and other processes issued
under the authority of the United States and to make ar-
rests without a warrant as may be authorized under sec-
tion 1585a of this title for special agents of the Defense
Criminal Investigative Service.
‘‘(b) AGENTS TO HAVE AUTHORITY.—Subsection (a)
applies to any employee of the Department of the Navy
who is a special agent of the Naval Criminal Investigative
Service (or any successor to that service) whose duties in-
clude conducting, supervising, or coordinating investiga-
tions of criminal activity in programs and operations of
the Department of the Navy.
‘‘(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—
The authority provided under subsection (a) shall be exer-
cised in accordance with guidelines prescribed by the Sec-
retary of the Navy and approved by the Secretary of De-
fense and the Attorney General and any other applicable
guidelines prescribed by the Secretary of the Navy, the
Secretary of Defense, or the Attorney General.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end following new
item:
‘‘7451. Special agents of the Naval Criminal Investigative Service: authority to
execute warrants and make arrests.’’.
(c) DEPARTMENT OF THE AIR FORCE.—(1) Chapter
873 of title 10, United States Code, is amended by adding
at the end the following new section:
‘‘§ 9027. Civilian special agents of the Office of Spe-
cial Investigations: authority to execute
warrants and make arrests
‘‘(a) AUTHORITY.—The Secretary of the Air Force
may authorize any Department of the Air Force civilian
employee described in subsection (b) to have the same au-
thority to execute and serve warrants and other processes
issued under the authority of the United States and to
make arrests without a warrant as may be authorized
under section 1585a of this title for special agents of the
Defense Criminal Investigative Service.
‘‘(b) AGENTS TO HAVE AUTHORITY.—Subsection (a)
applies to any employee of the Department of the Air
Force who is a special agent of the Air Force Office of
Special Investigations (or a successor to that office) whose
duties include conducting, supervising, or coordinating in-
vestigations of criminal activity in programs and oper-
ations of the Department of the Air Force.
‘‘(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—
The authority provided under subsection (a) shall be exer-
cised in accordance with guidelines prescribed by the Sec-
retary of the Air Force and approved by the Secretary of
Defense and the Attorney General and any other applica-
ble guidelines prescribed by the Secretary of the Air Force,
the Secretary of Defense, or the Attorney General.’’.