H.R. 3445 (106th): To amend title 10, United States Code, to allow the Secretaries of the military departments to authorize ...

...civilian special agents of their respective military criminal investigative organizations to execute warrants and make arrests.

106th Congress, 1999–2000. Text as of Nov 18, 1999 (Introduced).

Status & Summary | PDF | Source: GPO

HR 3445 IH

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 respective 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 Secretaries of the military departments to authorize civilian special agents of their respective military criminal investigative organizations to execute warrants and make arrests.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. AUTHORITY FOR CIVILIAN SPECIAL AGENTS OF MILITARY DEPARTMENT CRIMINAL INVESTIGATIVE ORGANIZATIONS TO EXECUTE WARRANTS 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:

‘Sec. 4027. Civilian special agents of the Criminal Investigation 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 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 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 investigations 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 exercised in accordance with guidelines prescribed by the Secretary of the Army and approved by the Secretary of Defense 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:

‘Sec. 7451. Special agents of the Naval Criminal Investigative 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 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 Navy who is a special agent of the Naval Criminal Investigative Service (or any successor to that service) whose duties include conducting, supervising, or coordinating investigations 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 exercised in accordance with guidelines prescribed by the Secretary of the Navy and approved by the Secretary of Defense 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:

‘Sec. 9027. Civilian special agents of the Office of Special 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 authority 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 investigations of criminal activity in programs and operations of the Department of the Air Force.

    ‘(c) GUIDELINES FOR EXERCISE OF AUTHORITY- The authority provided under subsection (a) shall be exercised in accordance with guidelines prescribed by the Secretary of the Air Force and approved by the Secretary of Defense and the Attorney General and any other applicable guidelines prescribed by the Secretary of the Air Force, 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:

      ‘9027. Civilian special agents of the Office of Special Investigations: authority to execute warrants and make arrests.’.