[House Report 112-9]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-9
======================================================================
FEDERAL RESTRICTED BUILDINGS AND GROUNDS IMPROVEMENT ACT OF 2011
_______
February 11, 2011.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary,
submitted the following
R E P O R T
[To accompany H.R. 347]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 347) to correct and simplify the drafting of section
1752 (relating to restricted buildings or grounds) of title 18,
United States Code, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Constitutional Authority Statement............................... 4
Advisory on Earmarks............................................. 4
Section-by-Section Analysis...................................... 4
Changes in Existing Law Made by the Bill, as Reported............ 4
Purpose and Summary
H.R. 347, the ``Federal Restricted Buildings and Grounds
Improvement Act of 2011,'' amends Section 1752 of Title 18,
United States Code, to make improvements to an existing
criminal provision that prohibits the unlawful breach of
certain Federal buildings and grounds.
Background and Need for the Legislation
The United States Secret Service provides protective
services to the President, the First Family, the Vice
President, former Presidents, visiting heads of state, and
others. This protection covers not only the White House and its
grounds but also any where a protectee may be temporarily
visiting. The Secret Service also provides protection at events
designated as ``a special event of national significance.''
Current law prohibits unlawful entries upon any restricted
building or ground where the President, Vice President or other
protectee is temporarily visiting. However, there is no Federal
law that expressly prohibits unlawful entry to the White House
and its grounds or the Vice President's residence and its
grounds.
The Secret Service must therefore rely upon a provision in
the District of Columbia Code, which addresses only minor
misdemeanor infractions, when someone attempts to or
successfully trespasses upon the grounds of the White House or
Vice President's residence or, worse, breaches the White House
or Vice President's residence itself.
H.R. 347 remedies this problem by specifically including
the White House, the Vice President's residence, and their
respective grounds in the definition of restricted buildings
and grounds for purposes of Section 1752.
The bill also clarifies that the penalties in Section 1752
of title 18 apply to those who knowingly enter or remain in any
restricted building or grounds without lawful authority to do
so. Current law does not include this important element. The
bill makes other technical improvements to the existing law. In
the 111th Congress, the House approved similar legislation
(H.R. 2780) by voice vote on July 27, 2010.
Hearings
The Committee on the Judiciary held no hearings on H.R.
347.
Committee Consideration
On January 26, 2011, the Committee met in open session and
ordered the bill H.R. 347 favorably reported without amendment,
by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 347.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 347, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 2, 2011.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 347, the ``Federal
Restricted Buildings and Grounds Improvement Act of 2011.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 347--Federal Restricted Buildings and Grounds Improvement Act of
2011.
CBO estimates that implementing H.R. 347 would have no
significant cost to the Federal Government. The legislation
could affect direct spending and revenues, so pay-as-you-go
procedures apply, but we estimate that any such effects would
not be significant.
H.R. 347 would modify and expand the current laws that
prohibit access to certain Federal property. Thus, the
government might be able to pursue cases against violators that
it otherwise would not be able to prosecute. However, CBO
expects that H.R. 347 would apply to a relatively small number
of offenders, so any increase in costs for law enforcement,
court proceedings, or prison operations would not be
significant. Any such costs would be subject to the
availability of appropriated funds.
Because those prosecuted and convicted under H.R. 347 could
be subject to criminal fines, the Federal Government might
collect additional amounts if the legislation is enacted.
Criminal fines are recorded as revenues, deposited in the Crime
Victims Fund, and later spent. CBO estimates that any
additional revenues and direct spending would not be
significant because of the small number of cases likely to be
affected.
H.R. 347 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of State, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
347 provides increased protection to the President of the
United States, the First Family, the Vice President of the
United States, and other Secret Service protectees.
Constitutional Authority Statement
The Committee finds the authority for this legislation in
article I, section 8, clause 1 of the Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 347 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
Section 1. Short Title. This section cites the short title
of the bill as the ``Federal Restricted Buildings and Grounds
Improvement Act of 2010.''
Section 2. Restricted Buildings or Grounds. This section
amends Section 1752 of Title 18, United States Code, to revise
the prohibition against entering restricted Federal buildings
or grounds to impose criminal penalties on anyone who knowingly
enters any restricted building or grounds without lawful
authority. It defines ``restricted buildings or grounds'' as a
posted, cordoned off, or otherwise restricted area: (1) of the
White House or its grounds, or the Vice President's official
residence or its grounds; (2) of a building or grounds where
the President or other person protected by the Secret Service
is or will be temporarily visiting; or (3) of a building or
grounds so restricted due to an special event of national
significance.
Section 3. Paygo Compliance. This section provides for
compliance of the budgetary effects of this Act with the
Statutory Pay-As-You-Go Act of 2010.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
PART I--CRIMES
* * * * * * *
CHAPTER 84--PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION,
KIDNAPPING, AND ASSAULT
* * * * * * *
[Sec. 1752. Restricted building or grounds
[(a) It shall be unlawful for any person or group of
persons--
[(1) willfully and knowingly to enter or remain in
any posted, cordoned off, or otherwise restricted area
of a building or grounds where the President or other
person protected by the Secret Service is or will be
temporarily visiting;
[(2) willfully and knowingly to enter or remain in
any posted, cordoned off, or otherwise restricted area
of a building or grounds so restricted in conjunction
with an event designated as a special event of national
significance;
[(3) willfully, knowingly, and with intent to impede
or disrupt the orderly conduct of Government business
or official functions, to engage in disorderly or
disruptive conduct in, or within such proximity to, any
building or grounds described in paragraph (1) or (2)
when, or so that, such conduct, in fact, impedes or
disrupts the orderly conduct of Government business or
official functions;
[(4) willfully and knowingly to obstruct or impede
ingress or egress to or from any building, grounds, or
area described in paragraph (1) or (2); or
[(5) willfully and knowingly to engage in any act of
physical violence against any person or property in any
building, grounds, or area described in paragraph (1)
or (2).
[(b) Violation of this section, and attempts or conspiracies
to commit such violations, shall be punishable by--
[(1) a fine under this title or imprisonment for not
more than 10 years, or both, if--
[(A) the person, during and in relation to
the offense, uses or carries a deadly or
dangerous weapon or firearm; or
[(B) the offense results in significant
bodily injury as defined by section 2118(e)(3);
and
[(2) a fine under this title or imprisonment for not
more than one year, or both, in any other case.
[(c) Violation of this section, and attempts or conspiracies
to commit such violations, shall be prosecuted by the United
States attorney in the Federal district court having
jurisdiction of the place where the offense occurred.
[(d) None of the laws of the United States or of the several
States and the District of Columbia shall be superseded by this
section.
[(e) As used in this section, the term ``other person
protected by the Secret Service'' means any person whom the
United States Secret Service is authorized to protect under
section 3056 of this title when such person has not declined
such protection.]
Sec. 1752. Restricted buildings or grounds
(a) Whoever--
(1) knowingly enters or remains in any restricted
building or grounds without lawful authority to do so;
(2) knowingly, and with intent to impede or disrupt
the orderly conduct of Government business or official
functions, engages in disorderly or disruptive conduct
in, or within such proximity to, any restricted
building or grounds when, or so that, such conduct, in
fact, impedes or disrupts the orderly conduct of
Government business or official functions;
(3) knowingly, and with the intent to impede or
disrupt the orderly conduct of Government business or
official functions, obstructs or impedes ingress or
egress to or from any restricted building or grounds;
or
(4) knowingly engages in any act of physical violence
against any person or property in any restricted
building or grounds;
or attempts or conspires to do so, shall be punished as
provided in subsection (b).
(b) The punishment for a violation of subsection (a) is--
(1) a fine under this title or imprisonment for not
more than 10 years, or both, if--
(A) any person, during and in relation to the
offense, uses or carries a deadly or dangerous
weapon or firearm; or
(B) the offense results in significant bodily
injury as defined by section 2118(e)(3); and
(2) a fine under this title or imprisonment for not
more than one year, or both, in any other case.
(c) In this section--
(1) the term ``restricted buildings or grounds''
means any posted, cordoned off, or otherwise restricted
area--
(A) of the White House or its grounds, or the
Vice President's official residence or its
grounds;
(B) of a building or grounds where the
President or other person protected by the
Secret Service is or will be temporarily
visiting; or
(C) of a building or grounds so restricted in
conjunction with an event designated as a
special event of national significance; and
(2) the term ``other person protected by the Secret
Service'' means any person whom the United States
Secret Service is authorized to protect under section
3056 of this title when such person has not declined
such protection.
* * * * * * *