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“ENHANCED PROTECTIVE ACTIVITIES ACT OF 2001” mentioning the U.S. Dept of State was published in the House of Representatives section on pages H8038-H8039 on Nov. 13, 2001.
The publication is reproduced in full below:
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ENHANCED PROTECTIVE ACTIVITIES ACT OF 2001
Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and pass 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, as amended.
The Clerk read as follows:
H.R. 2541
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Protective Activities Act of 2001''.
SEC. 2. STATE DEPARTMENT SPECIAL AGENT AUTHORITIES.
Section 37(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(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;'';
(2) in paragraph (3)(F) by inserting ``or President-elect'' after ``President''; and
(3) by striking paragraph (5) and inserting the following:
``(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.''.
SEC. 3. INTERFERENCE WITH PROTECTIVE FUNCTIONS.
(a) Generally.--Chapter 7 of title 18, United States Code, is amended by adding at the end the following:
``Sec. 117. Interference with protective functions
``(a) Whoever knowingly and willfully obstructs, resists, or interferes with a Federal law enforcement agent engaged in the performance of the protective functions authorized by section 37 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709) shall be fined under this title or imprisoned not more than one year, or both.
``(e) Whoever engages in any conduct--
``(1) directed against an individual entitled to protection under section 37 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709, and
``(2) which would constitute a violation of section 112 or 878 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.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of title 18, United States Code, is amended by adding at the end the following:
``117. Interference with protective functions.''.
The SPEAKER pro tempore (Mr. Whitfield). Pursuant to the rule, the gentleman from New Jersey (Mr. Smith) and the gentleman from California
(Mr. Lantos) each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Smith).
General Leave
Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 2541, the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from New Jersey?
There was no objection.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume.
I rise in strong support of H.R. 2541, a bill to enhance the authorities of the Diplomatic Security Service agents at the U.S. Department of State.
The measure before us includes an amendment that was recommended by the Committee on the Judiciary. The bill was drafted in consultation with the State Department. I want to thank and congratulate the author of the bill, the gentleman from Illinois (Mr. Hyde), the chairman of the Committee on International Relations, and the gentleman from California (Mr. Lantos), the ranking democrat and member of the committee, who was a principal cosponsor of the legislation.
The provisions clarify and expand the circumstances in which subpoena and arrest authority is available for State Department diplomatic security officers who often find themselves on the front line of defense against terrorism and other threats to our national security.
Mr. Speaker, H.R. 2541 authorizes diplomatic security special agents to obtain and execute search warrants, subpoenas or summonses as those relate to their protective duties and to passport and visa fraud investigations. It also permits agents, in the course of conducting their investigative or protective duties, to make arrests without warrant for offenses committed in their presence or in certain other compelling circumstances, just as other Federal law enforcement officers are now empowered to do.
The bill also allows diplomatic security agents to make misdemeanor arrests of persons obstructing or impeding agents in the performance of their protective functions.
Finally, Mr. Speaker, H.R. 2541 fixes a disconnect in current law in which the Secretary of State may authorize protection of distinguished visitors, but where it does not make it a Federal crime to attack such visitors. Current law only criminalizes attacks on distinguished visitors protected by the Diplomatic Security Services when they are
``official'' visitors.
There are occasions in which such protective services may appropriately be authorized for visitors who are technically official, such as, for instance, the Dalai Lama or Salman Rushdie. So this legislation ensures that diplomatic security officers will be empowered to arrest people who assault anyone who is lawfully under their protection.
Mr. Speaker, I urge Members to support this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. LANTOS. Mr. Speaker, I yield myself as much time as I might consume, and I rise in strong support of this bill.
I want to thank the gentleman from Illinois (Mr. Hyde) for introducing this legislation, which provides expanded authority to the agents of the Department of State's diplomatic service to enable them to carry out their protective functions more effectively.
These authorities are being requested by the administration, Mr. Speaker. In the current situation, when we are fighting a global war against terrorism, it is absolutely crucial that the State Department have all the authority it needs for the protective and law enforcement functions of the diplomatic service agents.
The agents in our diplomatic service in the Department of State regularly risk life and limb to protect not only our diplomatic facilities both here and abroad, the men and women who work in them, but also foreign officials and important guests of the United States.
The Diplomatic Security Service, Mr. Speaker, is also at the front line of our homeland security efforts as they conduct visa and passport fraud investigations. Our bill provides them with all the authority that they need to effectively carry out these functions.
Mr. Speaker, we have embarked on a new kind of conflict since September 11, 2001. We need to provide all the authorities and all the support not only for our men and women in uniform but also to our diplomats and other government officials who are working actively to make sure that we prevail in this conflict.
I urge all of my colleagues to support this bill.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentleman from New Jersey (Mr. Smith) that the House suspend the rules and pass the bill, H.R. 2541, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of those present have voted in the affirmative.
Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the Chair's prior announcement, further proceedings on this motion will be postponed.
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