STATEMENT OF J. ROBERT MCBRIEN SPECIAL ASSISTANT TO THE ASSISTANT SECRETARY OF THE TREASURY FOR ENFORCEMENT AND OPERATIONS' U.S. TREASURY DEPARTMENT Mr. Chairman and members of the Subcommittee: I appreciate this opportunity to discuss the merits of H.R. 4468, a bill which would expressly authorize, through positive law, the providing of physical zones of protection" to all persons under the protection of the United States Secret Service. This legislation, which would amend section 1752 of Title 18, United States Code, has been a long-standing legislative objective of the Treasury Department and the Secret Service. Furthermore, enactment of this bill would implement one of the recommendations made by the House Select Committee on Assassinations in its 1978 report (House Report 95-1828). Thus, it is appropriate that the Subcommittee is focussing on the issue of physical protection in the aftermath of the March 30 attempt to assassinate President Reagan. The United States Secret Service utilizes, to the fullest extent possible, a zone of protection" concept on a twentyfour hour basis at all locations visited by a protectee. This protective sphere is created in order to establish a perimeter through which only authorized personnel are permitted to enter. Naturally, the importance of safeguarding those areas frequented most often, such as a temporary residence or office, becomes significant. At present, section 1752 of Title 18, United States Code, provides a misdemeanor offense for the violation of a secured zone established for the President of the United States. The legislative proposal before this Subcommittee would expressly permit the establishment of protective zones for all Secret Service protectees, as enumerated in section 3056 of Title 18, United States Code, and in Public Law 90-331, as amended. Under those authorities, the United States Secret Service is charged with the protection of, among others, the Vice President, the families of the President and Vice President, Presidential and Vice Presidential candidates, visiting heads of state or government, and distinguished foreign visitors when the President directs that such persons be accorded protection. In the past, the Secret Service has utilized its inherent protective authority to establish secured zones for all protectees (other than the President) in order to provide adequate protection; and in the absence of the amendment to 18 U.S.C. 1752 which H.R. 4468 would provide, the Service would continue to rely upon that inherent authority. However, these protective measures would be enhanced by enactment of H.R. 4468 since it would clarify the authority for "zones of protection," and would provide a uniform criminal sanction for an individual who intentionally violates an established zone. At present, in the absence of a specific Federal offense and depending on the geographic locality, a variety of federal, state and local statutes may be involved where there has been a physical intrusion into a secured zone provided for a protect ee other than the President. undesirable in terms of the clarity of the law, the liability of Secret Service agents, and the efficiency of protective operations. This is Consequently, Mr. Chairman, the Treasury Department urges the Subcommittee to assist the protective efforts of the Secret Service by reporting favorably on H.R. 4468 as expeditiously as possible. At this time, Mr. Bechtle and I would be glad to respond to any questions the Subcommitee may have. Mr. DANIELSON. The subcommittee is recessed, subject to the call of the Chair. [Whereupon, at 10:50 a.m., the hearing was recessed, subject to the call of the Chair.] There is transmitted herewith a draft bill, "To amend chapter 84, section 1752 of title 18, United States Code, to authorize the Secretary of the Treasury to establish zones of protection for certain persons protected by the United States Secret Service." The Department is proposing this legislation in order Under the "zone of protection" concept, which is standard protective procedure for the United States Secret Service, an effort is made to keep the protected individual within an area to which only authorized individuals are admitted. The zone is maintained at all times and in all locations to the fullest extent possible, but clearly becomes more important in areas where the protected person is spending a significant period of time, such as a temporary residence or office. Under section 1752 of title 18, United States Code, it deficiency. Included within the group of persons to be accorded a "zone of protection" by the proposed legislation are, among others, the Vice President, the families of the President and Vice President, visiting heads of state or government, officially designated Presidential and Vice Presidential candidates and their spouses, the President-elect and the Vice President-elect and their families, and distinguished foreign visitors who may be afforded Secret Service protection at the direction of the President. Also enclosed herewith is a copy of section 1752 of title 18, United States Code, indicating the changes made by the proposed legislation. It would be appreciated if you would refer the proposed legislation to the appropriate committee for consideration. For the reasons set forth above, the Department urges prompt enactment of the proposed legislation. An identical bill has been transmitted to the President of the Senate. The Office of Management and Budget has advised that there is no objection to the presentation of this proposal to Congress and that enactment of this bill would be consistent with the Administration's objectives. Sincerely, R. J. Mchom R. T. McNamar The Honorable Thomas P. O'Neill, Jr. of Representatives Washington, D.C. 20515 Enclosures A BILL To amend chapter 84, section 1752 of title 18, United States Code, to authorize the Secretary of the Treasury to establish zones of protection for certain persons protected by the United States Secret Service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1752 of title 18, United States Code, is amended as follows: (a) by amending the title of such section to read as follows: "Temporary residences and offices of the President and others"; (b) by amending subsection (a)(1)(i) to read as follows: "(1) any building or grounds designated by the Secretary of the Treasury as temporary residences of the President or other person protected by the Secret Service or as temporary offices of the President and his staff or of any other person protected by the Secret Service, or"; (c) by inserting the words "or other person protected by the Secret Service" after the word "President" in subsection (a)(1)(ii); (a) by amending subsection (d) (1) to read as follows: "(1) to designate by regulations the buildings and grounds which constitute the temporary residences of the President or other person protected by the Secret Service and the temporary offices of the President and his staff or of any other person protected by the Secret Service, and"; (e) by inserting the words "or other person protected by the Secret Service" after the word "President" in subsection (d) (2); and (f) by adding at the end thereof the following new subsection: 'other person "(f) As used in this section the term protected by the Secret Service' means any person authorized by section 3056 of this title or by Public Law 90-331, as amended, to receive the protection of the United States Secret Service when such person has not declined such protection pursuant to section 3056 of this title or pursuant to Public Law 90-331, as amended." |