COMMITTEE ON THE JUDICIARY EMANUEL CELLER, New York, Chairman MICHAEL A. FEIGHAN, Ohio WILLIAM M. TUCK, Virginia ROBERT T. ASHMORE, South Carolina BASIL L. WHITENER, North Carolina ROBERT W. KASTENMEIER, Wisconsin WILLIAM L. ST. ONGE, Connecticut GEORGE F. SENNER, JR., Arizona WILLIAM M. MCCULLOCH, Ohio CONTENTS AND REPORTS Richard D. Kearney, Deputy Legal Adviser, Department of State, accompanied by G. Marvin Gentile, Deputy Assistant Secretary 15 PROVIDING AUTHORITY FOR PROTECTING HEADS OF FOREIGN STATES THURSDAY, MARCH 12, 1964 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 3 OF THE The subcommittee met at 10 a.m., pursuant to call, in room 346, Cannon Building, Hon. Edwin E. Willis (chairman of the subcommittee) presiding. Present: Representatives Willis, Tuck, Libonati, Kastenmeier, Lindsay, and Martin. Also present: Herbert Fuchs, counsel. Mr. WILLIS. The subcommittee will please come to order. Subcommittee No. 3 is meeting to hear witnesses on H.R. 7651, a bill to provide authority to protect heads of foreign states and other officials. (H.R. 7651 is as follows:) [H.R. 7651, 88th Cong., 1st sess.] A BILL To provide authority to protect heads of foreign states and other officials Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 112 of title 18, United States Code, is amended to read as follows: "§112. Assaulting certain foreign diplomatic and other official personnel "Whoever assaults, strikes, wounds, imprisons, or offers violence to the person of a head of a foreign state or foreign government, foreign minister, ambassador, or other public minister, in violation of the law of nations, shall be fined not more than $5,000, or imprisoned not more than three years, or both. "Whoever, in the commission of any such act, uses a deadly or dangerous weapon, shall be fined not more than $10,000, or imprisoned not more than ten years, or both." SEC. 2. The analysis in chapter 7 is amended by deleting "112. Assaulting public minister" and inserting in lieu thereof "112. Assaulting certain foreign diplomatic and other official personnel". SEC. 3. Section 1114 of title 18, United States Code, is amended by inserting immediately before "while engaged in the performance of his official duties," the following: "security officers of the Department of State and the Foreign Service.". SEC. 4. The Act of June 28, 1955 (69 Stat. 188), is amended by adding a new section at the end thereof, to read as follows: "Security officers of the Department of State and the Foreign Service engaged in the performance of the duties prescribed in section 1 of this Act are empowered to arrest without warrant and deliver into custody any person violating section 111 or 112 of title 18, United States Code, in their presence or if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a violation." 1 Mr. WILLIS. This measure was introduced by Judiciary Committee Chairman Celler as the result of a request from the Secretary of State. Sections 1 and 2 would amend 18 U.S.C. 112 which makes it a Federal offense to assault "an Ambassador or other public minister, in violation of the law of nations" by adding "heads of foreign states or foreign governments and foreign ministers" to the protected class. Section 3 of the bill would amend 18 U.S.C. 1114, which makes it a Federal offense to kill certain specified Federal officials while engaged in the performance of their official duties, by adding "security officers of the Department of State and the Foreign Service" to the protected class. (Under 18 U.S.C. 111, assault on this class is also a Federal offense.) Section 4 of the bill would amend the act of June 28, 1955 (69 Stat. 188), which provides that security officers of the Department of State and the Foreign Service may carry firearms to protect heads of foreign states, high officials of foreign governments and other distinguished visitors to the United States, the Secretary of State, and the Under Secretary of State, and official representatives of foreign governments and of the United States attending international conferences, or performing special missions. Amendment would authorize these security officers to arrest without a warrant and deliver into custody any person violating 18 U.S.C. 111 or 112 in their presence, or if they have reasonable grounds to believe that the person to be arrested has committed or is committing such offense. The Secretary of State, in a letter to the Speaker, declared that State Department security officers lack the necessary authority and Federal protection to perform their functions adequately, and that they are at present not legally empowered to intervene to prevent an assault against a foreign visitor until after the commission of the act. In the 87th Congress the subcommittee heard testimony on a similar but broader bill. The first witness this morning is the Honorable Richard D. Kearney, Deputy Legal Adviser, Department of State. We are glad to have you, Mr. Kearney. STATEMENT OF RICHARD D. KEARNEY, DEPUTY LEGAL ADVISER, DEPARTMENT OF STATE, ACCOMPANIED BY G. MARVIN GENTILE, DEPUTY ASSISTANT SECRETARY FOR SECURITY Mr. KEARNEY. I have with me the newly appointed Deputy Assistant Secretary for Security in the Department, Mr. Gentile. And he is accompanied by two of his experts in this protection field in case you have any questions. Mr. WILLIS. Will both of you give your names and your capacities. Mr. KEARNEY. Richard D. Kearney, Deputy Legal Adviser of the Department of State. Mr. GENTILE. G. Marvin Gentile, Deputy Assistant Secretary for Security. Mr. KEARNEY. I have a statement, Mr. Chairman, which I would like to present to you if that is satisfactory. Mr. WILLIS. Yes. Proceed. Mr. KEARNEY. The purpose of H.R. 7651 is to provide the Department of State with sufficient authority to discharge its responsibilities |