S.Amdt. 2237

1. Adds SEC. 1054. PROTECTION OF DEPARTMENT OF DEFENSE INSTALLATIONS at the end of subtitle F of title X

   Adds a section

   In S. 1197 · Placed on Calendar Senate

   It is the sense of the Senate that State courts should not consider a military deployment, including past, present, or future deployment, as the sole factor in determining child custody in a State court proceeding involving a parent who is a member of the Armed Forces. The best interest of the child should always prevail in custody cases, but members of the Armed Forces should not lose custody of their children based solely upon service to our country.

   Inserted: SEC. 1054. PROTECTION OF DEPARTMENT OF DEFENSE INSTALLATIONS.

   Inserted: (a) Secretary of Defense Authority.--Chapter 159 of title 10, United States Code, is amended by inserting after section 2671 the following new section:

   Inserted: "Sec. 2672. Protection of property

   Inserted: "(a) In General.--The Secretary of Defense shall protect the buildings, grounds, and property that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property.

   Inserted: "(b) Officers and Agents.--(1)(A) The Secretary may designate military or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and agents, duty in areas outside the property specified in that subsection to the extent necessary to protect that property and persons on that property.

   Inserted: "(B) A designation under subparagraph (A) may be made by individual, by position, by installation, or by such other category of personnel as the Secretary determines appropriate.

   Inserted: "(C) In making a designation under subparagraph (A) with respect to any category of personnel, the Secretary shall specify each of the following:

   Inserted: "(i) The personnel or positions to be included in the category.

   Inserted: "(ii) Which authorities provided for in paragraph (2) may be exercised by personnel in that category.

   Inserted: "(iii) In the case of civilian personnel in that category--

   Inserted: "(I) which authorities provided for in paragraph (2), if any, are authorized to be exercised outside the property specified in subsection (a); and

   Inserted: "(II) with respect to the exercise of any such authorities outside the property specified in subsection (a), the circumstances under which coordination with law enforcement officials outside of the Department of Defense should be sought in advance.

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   Inserted: "(D) The Secretary may make a designation under subparagraph (A) only if the Secretary determines, with respect to the category of personnel to be covered by that designation, that--

   Inserted: "(i) the exercise of each specific authority provided for in paragraph (2) to be delegated to that category of personnel is necessary for the performance of the duties of the personnel in that category and such duties cannot be performed as effectively without such authorities; and

   Inserted: "(ii) the necessary and proper training for the authorities to be exercised is available to the personnel in that category.

   Inserted: "(2) Subject to subsection (h) and to the extent specifically authorized by the Secretary, while engaged in the performance of official duties pursuant to this section, an officer or agent designated under this subsection may--

   Inserted: "(A) enforce Federal laws and regulations for the protection of persons and property;

   Inserted: "(B) carry firearms;

   Inserted: "(C) make arrests--

   Inserted: "(i) without a warrant for any offense against the United States committed in the presence of the officer or agent; or

   Inserted: "(ii) for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;

   Inserted: "(D) serve warrants and subpoenas issued under the authority of the United States; and

   Inserted: "(E) conduct investigations, on and off the property in question, of offenses that may have been committed against property under the jurisdiction, custody, or control of the Department of Defense or persons on such property.

   Inserted: "(c) Regulations.--(1) The Secretary may prescribe regulations, including traffic regulations, necessary for the protection and administration of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property to which they apply.

   Inserted: "(2) A person violating a regulation prescribed under this subsection shall be fined under title 18, imprisoned for not more than 30 days, or both.

   Inserted: "(d) Limitation on Delegation of Authority.--The authority of the Secretary of Defense under subsections (b) and (c) may be exercised only by the Secretary or the Deputy Secretary of Defense.

   Inserted: "(e) Disposition of Persons Arrested.--A person who is arrested pursuant to authority exercised under subsection (b) may not be held in a military confinement facility, other than in the case of a person who is subject to chapter 47 of this title (the Uniform Code of Military Justice).

   Inserted: "(f) Facilities and Services of Other Agencies.--In implementing this section, when the Secretary determines it to be economical and in the public interest, the Secretary may use the facilities and services of Federal, State, tribal, and local law enforcement agencies, with the consent of those agencies, and may reimburse those agencies for the use of their facilities and services.

   Inserted: "(g) Authority Outside Federal Property.--For the protection of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property, the Secretary may enter into agreements with Federal agencies and with State, tribal, and local governments to obtain authority for civilian officers and agents designated under this section to enforce Federal laws and State, tribal, and local laws concurrently with other Federal law enforcement officers and with State, tribal, and local law enforcement officers.

   Inserted: "(h) Attorney General Approval.--The powers granted pursuant to subsection (b)(2) to officers and agents designated under subsection (b)(1) shall be exercised in accordance with guidelines approved by the Attorney General.

   Inserted: "(i) Limitation on Statutory Construction.--Nothing in this section shall be construed--

   Inserted: "(1) to preclude or limit the authority of any Federal law enforcement agency;

   Inserted: "(2) to restrict the authority of the Secretary of Homeland Security under the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) or the authority of the Administrator of General Services, including the authority to promulgate regulations affecting property under the custody and control of that Secretary or the Administrator, respectively;

   Inserted: "(3) to expand or limit section 21 of the Internal Security Act of 1950 (50 U.S.C. 797);

   Inserted: "(4) to affect chapter 47 of this title (the Uniform Code of Military Justice); or

   Inserted: "(5) to restrict any other authority of the Secretary of Defense or the Secretary of a military department.".

   Inserted: (b) Clerical Amendment.--The table of sections at the beginning of chapter 159 of such title is amended by inserting after the item relating to section 2671 the following new item:

   Inserted: "2672. Protection of property.".

   Original wording

   At the end of subtitle F of title X, add the following:

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As printed