Date: 1984-09-17
Speaker: SAM B. HALL (democrat)
Chamber: H

Mr. Speaker. I yield myself such time as I may consume. Mr. Speaker. the bill. H.R. 5189. restates the existing provisions of section 3056 of title 18. This is the section of the code which sets out the powers. authorities. and duties of the U.S. Secret Service. The revised language sets out the provisions of the existing law in a clearer and more readable form. Present section 3056 has been modified on numerous occasions since its codification over 30 years ago by the insertion of additional language and by the passage of supplementary uncodified provisions. These changes have resulted in an extremely unwieldly statement of Secret Service authority and responsibilities. This situation is remedied by restating the same provisions in a clear and readable form. The new section would carefully preserve the contents of the current section and would in no way modify the protective duties of the Secret Service. The revised bill restates the existing Secret Service responsibility for protecting Pesidential candidates as a part of section 3056. This authority was originally established by Public Law 90331. That law. enacted 1 day after the assassination of Robert F. Kennedy in 1968. has been carried in the United States Code as a footnote under section 3056. Of the original three subsections in which Public Law 90331 was divided. only one remains current at this time. H.R. 5189 clarified this situation by incorporating into the body of revised section 3056 that portion of the language of Public Law 90331 which specifies how candidates are identified for purposes of providing Secret Service protection. This proposal would. for the first time. consolidate the "list" of Secret Service protectees in one easily identifiable pordon of the United States Code. This revised language removes the gender specific terminology. The bill modifies the criminal investigative jurisdiction of the U.S. Secret Service in order to keep pace with current criminal activity. Electronic fund transfer mechanisms are well on the way to becoming the primary conduit for the payment of Government obligations. replacing the traditional Treasury check. In order to meet the challenge of criminal activity in this area. the Treasury Department has taken the action necessary to be certain that the Secret Service can act fully to protect the assets of the United States. In order to effectuate this effort. the section provides that the Secret Service is authorized to conduct criminal investigations of. make arrests in. and present for prosecutorial consideration. cases relating to electronic fund transfer frauds. This authority was recommended by the Treasury Department to meet the problems presently encounted by the Service. The history of Secret Service investigations demonstrates that individuals engaging in crimes relating to Government obligations and securities routinely require false identification documents to complete their misdeeds. Further. and again not surprisingly. their criminal activity extends into aligned areas of financial crime such as credit and debit card fraud. The bill addresses this situation by providing the necessary authority for the Secret Service to target the full range of crimes known to impact adversely on Treasury interests. The bill. with the subcommittee amendment. makes it clear that this authority is not exclusive. This point was clarified at the subcommittee hearing. when the witness appearing in behalf of the Treasury Department advised the Members that the Justice Department and the Treasury Department. with the approval of the Office of Management and Budget. have agreed that the authority of the Secret Service as to investigations and arrests relating to electronic fund transfer funds. credit and debit card frauds. and false identification documents and devices. is to be exercised subject to the agreement of the Attorney General and the Secretary of the Treasury. This is expressly provided for in the committee amendment. Therefore. the law enforcement agencies of both Departments which engage in these aspects of enforcement will determine in a cooperative fashion how to obtain optimum results from their available resources to combat this type of criminal action. The committee recommends that the amended bill be considered favorably.