COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON CRIMINAL JUSTICE HEARING RE: H.R. 5150 FEDERAL OFFICIALS PROTECTION ACT OF 1984

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP95B00895R000200020007-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 34
• Document Creation Date: December 21, 2016
• Document Release Date: November 7, 2008
• Sequence Number: 7
• Publication Date: March 28, 1984
• Content Type: REPORT

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COMMITTEE ON THE JUDICIARY
SUBCOMMITTEE ON CRIMINAL JUSTICE
HEARING
RE: H.R. 5150 "FEDERAL OFFICIALS PROTECTION ACT OF
1984"
DATE: WEDNESDAY, MARCH 28, 1984
TIME: 10:00 A.M.
ROOM: 2237 RAYBURN HOUSE OFFICE BUILDING
WITNESSES
JAMES KNAPP, DEPUTY ASSISTANT ATTORNEY GENERAL,
CRIMINAL DIVISION OF THE UNITED STATES DEPARTMENT
OF JUSTICE
VICE ADMIRAL E. A. BURKHALTER, DIRECTOR, INTELLIGENCE
COMMUNITY STAFF, OFFICE OF THE DIRECTOR OF CENTRAL
INTELLIGENCE
DONALD L. CHAMLEE, CHIEF PROBATION DIVISION, ADMINI-
STRATIVE OFFICE OF THE UNITED STATES COURTS,
ACCOMPANIED BY MICHAEL KEENAN, DEPUTY CHIEF,
PROBATION DIVISION, AND GUY WILLETTS, CHIEF, PRETRIAL
SERVICES DIVISION, ADMINISTRATIVE OFFICE OF THE
UNITED STATES COURTS
RALPH ARDITO, UNITED STATES PROBATION OFFICER FOR THE
DISTRICT OF COLUMBIA, ON BEHALF OF THE FEDERAL
PROBATION OFFICERS ASSOCIATION
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OPENING STATEMENT
OF
REP. JOHN CONYERS, JR?, CHAIRMAN
SUBCOMMITTEE ON CRIMINAL JUSTICE
H.R. 5150, THE "FEDERAL OFFICIALS PROTECTION ACT OF 1984"
WEDNESDAY, MARCH 28, 1984
CURRENT FEDERAL LAW IS HAPHAZARD IN PROVIDING CRIMINAL PEN-
ALTIES FOR VIOLENCE AND THREATS DIRECTED AT FEDERAL OFFICERS AND
EMPLOYEES- SOME OFFICIALS, SUCH AS THE PRESIDENT AND MEMBERS OF
CONGRESS, ARE AFFORDED COMPLETE PROTECTION BECAUSE THE IMPORTANCE
OF THEIR POSITIONS MAKES THEM LIKELY TARGETS FOR VIOLENCE AND
THREATS. THUS, SECTIONS 351 AND 1751 OF TITLE 18, UNITED STATES
CODE, MAKE IT A FEDERAL CRIME TO ASSAULT, COMMIT MURDER OF, OR
ATTEMPT TO COMMIT MURDER OF ANY OFFICIAL DESIGNATED IN THOSE
SECTIONS, WHETHER OR NOT THE OFFENDER INTENDED TO INTERFERE
WITH THE PERFORMANCE OF OFFICIAL DUTIES-
OTHER FEDERAL OFFICIALS ARE AFFORDED LIMITED PROTECTION.
THE POLICY BEHIND THE RELEVANT PROVISIONS OF TITLE 18 APPEARS TO
BE TO PROTECT FEDERAL OFFICIALS WHO ARE EXPOSED TO A SIGNIFICANT
RISK OF THREATS OR VIOLENCE INTENDED TO INFLUENCE OR INTIMIDATE
THEM IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. THUS, SECTION
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1114 OF TITLE 18 MAKES IT A CRIME TO COMMIT MURDER SAS DEFINED IN
SECTION 1111 OF TITLE 18) OR MANSLAUGHTER SAS DEFINED IN SECTION
1112 OF TITLE 18) OF CERTAIN FEDERAL OFFICIALS (WHO ARE LISTED IN
SECTION 1114) BECUASE OF THEIR PERFORMANCE OF OFFICIAL DUTIES, AND
SECTION 111 OF TITLE 18 MAKES IT A CRIME FORCIBLY TO ASSAULT,
RESIST, OR INTIMIDATE THE OFFICIALS LISTED IN SECTION 1114 BECAUSE
OF THEIR PERFORMANCE OF OFFICIAL DUTIES-
THE LIST OF OFFICIALS IN SECTION 1114 IS A CURIOUS HODGEPODGE
THAT INCLUDES FEDERAL JUDGES AND PROSECUTORS, FEDERAL LAW ENFORCE-
MENT PERSONNEL LIKE F.B.I. AND SECRET SERVICE AGENTS, AND VARIOUS
OTHER FEDERAL EMPLOYEES, SUCH AS EMPLOYEES OF THE DEPARTMENT OF
AGRICULTURE DESIGNATED BY THE SECRETARY OF AGRICULTURE "TO PERFORM
ANY FUNCTION IN CONNECTION WITH ANY FEDERAL OR STATE PROGRAM . . .
FOR THE CONTROL OR ERADICATION OR PREVENTION OF THE INTRODUCTION
OR DISSEMINATION OF ANIMAL DISEASES .
CURRENT FEDERAL LAW HAS SHORTCOMINGS- IT DOES NOT COVER
THREATS OR VIOLENCE DIRECTED AT IMMEDIATE FAMILY MEMBERS OF ANY
FEDERAL OFFICIALS OTHER THAN THE PRESIDENT AND VICE PRESIDENT.
IT DOES NOT PROHIBIT ATTEMPTED MURDER OF MOST FEDERAL OFFICIALS-
IT DOES NOT PROHIBIT THREATS OF VIOLENCE AGAINST THE FEDERAL
OFFICIALS LISTED IN SECTION 1114 AND 351 (MEMBERS OF CONGRESS,
SUPREME COURT JUSTICES, AND CABINET MEMBERS). FINALLY, THE LIST
OF OFFICIALS AFFORDED PROTECTION BY SECTION 1114 IS INCOMPLETE-
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IT DOES NOT, FOR EXAMPLE, INCLUDE FEDERAL PROBATION OFFICERS,
WHOSE WORK WITH CRIMINAL OFFENDERS SURELY EXPOSES THEM TO A
SIGNIFICANT RISK OF THREATS OR VIOLENCE. THIS LIST MAY ALSO BE
OVERLY INCLUSIVE, AND IT MAY BE POSSIBLE TO REMOVE FROM THE LIST
SOME OF THOSE OFFICERS AND EMPLOYEES PRESENTLY ON IT-
I INTRODUCED H.R. 5150 TO RECTIFY THESE SHORTCOMINGS OF
PRESENT LAW. MY BILL DOES THE FOLLOWING:
FIRST, IT EXPANDS THE PROTECTIONS OF PRESENT LAW TO
INCLUDE FAMILY MEMBERS OF PROTECTED OFFICIALS. THUS,
FOR EXAMPLE, IT WOULD BE A FEDERAL OFFENSE TO ASSAULT
THE SPOUSE OF A FEDERAL JUDGE WITH THE INTENT OF INTER-
FERING WITH OR INFLUENCING THE JUDGE'S OFFICIAL DUTIES.
SECOND, IT EXPANDS THE CURRENT LIST OF FEDERAL OFFICIALS
IN SECTION 1114 TO INCLUDE PROBATION OFFICERS, PRETRIAL
SERVICES EMPLOYEES, AND OFFICERS AND EMPLOYEES OF
AGENCIES INVOLVED IN GATHERING AND ANALYZING FOREIGN
INTELLIGENCE.
THIRD, IT MAKES IT AN OFFENSE TO ATTEMPT TO COMMIT MURDER
OF A LISTED OFFICIAL OR AN IMMEDIATE FAMILY MEMBER OF
SUCH AN OFFICIAL.
FINALLY, IT MAKES IT AN OFFENSE TO THREATEN TO ASSAULT OR
TO MURDER THOSE LISTED OFFICIALS NOT CURRENTLY PROTECTED
OR THEIR IMMEDIATE FAMILY MEMBERS.
I AM SUBMITTING FOR THE RECORD A SECTION BY SECTION ANALYSIS OF
THE BILL.
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IN ADDITION TO MY BILL, THE SUBCOMMITTEE HAS SEVERAL OTHER
BILLS PENDING BEFORE IT THAT DEAL WITH THE PROTECTION OF FEDERAL
OFFICIALS. THESE BILLS INCLUDE: H.R. 812, WHICH ADDS PROBATION
AND PRETRIAL SERVICES OFFICERS TO THE LIST IN 18 U.S.C. 1114;
H.R. 1021, WHICH WOULD EXPAND THE LIST IN SECTION 1114 TO INCLUDE
"ANY INDIVIDUAL HOLDING AN APPOINTIVE POSITION IN THE CIVIL SER-
VICE"; H.R. 1387, WHICH WOULD ADD TO THE SECTION 1114 LIST ANY
GENERAL SERVICES ADMINISTRATION EMPLOYEE ASSIGNED TO POLICE AND
PROTECT PROPERTY UNDER THE JURISDICTION OF THE ADMINISTRATOR OF
GENERAL SERVICES; S. 779, WHICH ADDS PROBATION OFFICERS, PRETRIAL
SERVICE OFFICERS, AND OFFICERS AND EMPLOYEES OF THE INTELLIGENCE
COMMUNITY TO THE LIST IN-SECTION 1114; AND PARTS G AND K OF TITLE
X OF S. 1762, THE OMNIBUS CRIMES BILL PASSED BY THE SENATE-
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SECTION 2(a) of the bill replaces current 18 U.S.C. 111 with,
a new section as follows:
Subsection (a) of proposed 18 U.S.C. 111 makes it an offense
to (1) use physical force causing serious bodily injury to a
Federally protected officer or (2) use a dangerous weapon causing
bodily injury to such a person. The offense requires that the
perpetrator have the specific intent to impede, intimidate, or
interfere with the performance of the officer's official duty, or
be acting in retaliation for the performance of such duty. The
actor must also recklessly disregard the risk that injury will
occur. Attempts to violate the subsection are also prohibited.
A violation is punishable by a maximum of 5 years imprisonment
and a fine of $250,000.
Subsection (b) of proposed 18 U.S.C. 111 makes it an offense
to use physical force causing injury to a Federally protected
officer. The state of mind requirements are the same as in
proposed subsection (a). A violation is punishable by a maximum
of three years imprisonment and a fine of $250,000.
Subsection (c) of proposed 18 U.S.C. 111 makes it an offense
to (1) use physical force causing a substantial risk of serious
bodily injury to a Federally protected officer or (2) use a
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dangerous weapon causing a substantial risk of bodily injury to
such a person. The state of mind requirements are the same
as in proposed subsection (a). A violation is punishable by
a maximum of three years imprisonment and a fine of $250,000.
Subsection (d) of proposed 18 U.S.C. 111 makes it an offense
to intentionally impede, oppose or interfere with the performance
of a Federally protected officer's official duties by the use of
physical force. A violation is punishable by a maximum of one
year imprisonment and a fine of $100,000.
Subsection (e) of proposed 18 U.S.C. 111 provides definitions
for the section.
SECTION 2(b) of the bill amends chapter 7 of title 18, United
States Code, by adding a new section 115 as follows:
Subsection (a) of proposed section 115 makes it an offense
to engage in conduct described in proposed section 111 if such
conduct is directed at a family member of a Federally protected
officer rather than at the officer. The state of mind requirements
and penalties are the same as those in proposed section 111.
Subsection (b) of proposed section 115 makes it an offense
to engage in conduct described in proposed section 111 if such
conduct is directed at a family member of a United States official
and the perpetrator's intent is to impede, intimidate or interfere
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with that official in the performance of official duties or
to retaliate for the performance of such duties. The state
of mind requirements and penalties are the same as those in
proposed section ill.
Subsection (c) of proposed section 115 provides definitions
for the section.
SECTION 2(c) of the bill amends the table of sections of
chapter 7 of title 18 to conform to the changes made by sub-
sections (a) and (b) of section 2 of the bill.
SECTION 3(a) of the bill amends chapter 41 of title 18,
United States Code, by adding a new section 880, which would
make it an offense intentionally to impede, oppose or interfere
with the performance of a Federally protected officer's -
official duties by threatening to commit an offense prohibited
by section 111(a) or 1114 of title 18. A violation of section
880 is punishable by maximum of one year imprisonment and a
fine of $100,000.
SECTION 3(b) of the.bill amends the table of sections of
chapter 41 of title 18, United States Code, to conform to the
changes made by section 3(a) of the bill
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SECTION 4 of the Bill replaces current 18 U.S.C. 1114 with a
new section as follows:
Subsection (a)(1) of proposed 18 U.S.C. 1114 makes it an
offense to commit murder or manslaughter of a Federally protected
officer or an immediate family member of that officer with the
intent to impede, intimidate, or interfere with the performance
of the officers's official duties, or to retaliate for the perfor-
mance of such duties. A violation is punishable as is currently
provided in 18 US.C. 1111 (in the case of murder) and 1112 (in the
case of manslaughter).
Subsection (a)(2) of proposal 18 U.S.C. 1114 makes it an
offense to commit murder or manslaughter of an immediate family
member of a United States official. A violation is punishable
as is provided in 18 U.S.C. 1111 (in the case of murder) and 1112
(in the case of manslaughter).
Subsection (b) of proposed 18 U.S.C. 1114 makes it an offense
to attempt to murder a Federally protected officer. A violation
is punishable by a maximum of ten years imprisonment and a fine
of $250,000.
Subsection (c) of proposed 18 U.S.C. 1114 provides definitions
for the section. Subsection (c)(1) defines the term "Federally
protected officer" to include Federal judges and jurors, Federal
law enforcement personnel, Federal probation officer, and officers
and employees of federal agencies involved in collecting and
analyzing foreign intelligence.
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PREPARED STATEMENT
OF
DONALD L. CHAMLEE
CHIEF OF THE DIVISION OF PROBATION
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
BEFORE THE SUBCOMMITTEE ON CRIMINAL JUSTICE
OF THE
COMMITTEE ON THE JUDICIARY OF THE
UNITED STATES HOUSE OF REPRESENTATIVES
H.R. 5150, THE FEDERAL OFFICIALS
PROTECTION ACT OF 1984
MARCH 28, 1984
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Mr. Chairman and Members of the Subcommittee, I am Donald
L. Chamlee, chief of the Division of Probation, Administrative
Office of the United States Courts. I appear before you on
behalf of the Administrative Office of the United States Courts
and the Judicial Conference of the United States. I appreciate
the opportunity to testify before this Subcommittee on H.R. 5150,
the "Federal Officials Protection Act of 1984." I would like to
address specifically the provisions of H.R. 5150 that apply to
United States probation officers and pretrial services officers.
Current Federal law contains no criminal penalties for
violent acts directed against U. S. probation officers and
pretrial services officers that are related to the performance of
their official duties. Title 18, USC, Section 1114 now provides
that whoever kills any of certain designated officers or
employees of the United States while they are engaged in or on
account of the performance of their official duties shall be
punished as provided in Sections 1111 and 1112 which relate
respectively to murder and manslaughter. Section 111 makes it a
felony to forcibly assault, resist, oppose, impede, intimidate,
or interfere with any of the persons designated in Section 1114.
Among the employees covered by Section 1114 are Federal judges,
U. S. attorneys and assistant U. S. attorneys, U. S. marshals and
deputy marshals, employees of Federal penal or correctional
institutions, and Federal law enforcement officers. These
Federal employees interact with the same client population with
which U. S. probation officers and pretrial services, officers
-interact in the performance of their duties. In fact, probation
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officers' contacts with these individuals are usually more
protracted and personal. Probation and pretrial services
officers are subject to the same, if not greater dangers, than
those employees that are now included in 1114.
The passage of legislation making it a Federal offense to
kill or assault a U. S. probation officer has for over 30 years
been an issue of serious concern to the Judicial Conference and
the entire Federal judiciary. At Judicial Conference meetings,
dating back to September 1952, the Conference has approved or
reaffirmed approval of such protective legislation. Draft bills
to provide protection for probation officers have been introduced
in Congress since March 1955. Attempting to gain passage of this
legislation has been a long and arduous effort for its principal
sponsors - the Administrative Office, the Federal Probation
Officers Association, and the Judicial Conference.
During this Congress, legislation providing such
protection has been passed in the Senate. S.779, the
Intelligence Personnel and Probation Officers Protection Act, was
passed by unanimous consent on November 18, 1983. This bill
amends title 18 U.S.C. section 1114 to include U. S. probation
and pretrial services officers within the protective provisions
of that statute. The Probation Division of the Administrative
Office of the U. S. Courts endorsed and supported S.779, which
does not call for substantial changes in the existing statute and
which, because it is narrowly drawn, proved acceptable to the
Senate. S.1762, the Comprehensive Crime Control Act of 1983,
passed by the Senate on February 2, 1984, also extends the
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protective provisions of section 1114 to U. S. probation and
pretrial services officers.
We are pleased, Mr. Chairman, that you and this
Subcommittee have recognized, in introducing H.R. 5150, the need
to extend the protection of the violent crimes provisions of the
Federal Criminal Code to U. S. probation and pretrial services
officers. H.R. 5150 would amend title 18 U.S.C. sections 111 and
1114 and would add new sections establishing Federal criminal
penalties for job-related assaults, murders, attempted murders,
threats, and extortion directed against certain Federal employees
including U. S. probation and pretrial services officers.
We have two recommendations concerning specific provisions
of the bill. First, we recommend that 31114(c)(1)(E), as amended
by the bill (page 7, line 25), state "U. S. probation employees"
rather than "a probation officer." This language would then be
consistent with that pertaining to pretrial services employees at
subsection (c)(1)(F) and would provide coverage to probation
officer assistants, who perform a variety of jobs as
paraprofessionals in the Federal Probation System, and to
probation clerks. Of the two persons in the Federal Probation
System killed in the performance of their duties, one was a clerk
who was fatally shot by a parolee in December 1966.
Second, H.R. 5150 apparently would not bring under Federal
jurisdiction acts of violence perpretrated against employees
while engaged in the performance of their duties, but not
necessarily intended to impede the performance of these duties.
Probation officers are required to spend a considerable amount of
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their time contacting probationers and parolees in the
communities where they live and work. These field contacts might
be in high crime areas or in remote rural areas, both of which
can present special safety problems. An assault or murder of a
probation officer while making field contacts would not be
covered under H.R. 5150 unless the assailant acted with the
intent of impeding the officer's performance of his or her
duties. The issue, it seems, is not the intent of the assailant,
but whether the officer was in the process of carrying out
statutory responsibilities and, if so, whether Federal
jurisdiction in investigating and prosecuting the crime is
warranted. We believe that it is warranted and recommend that
the bill be amended to so reflect.
Federal probation officers and pretrial services officers
are, by statute, given duties and responsibilities, the
performance of which subjects them to personal hazards on a daily
basis. Probation officers do extensive investigative work for
the courts, the Federal Bureau of Prisons, and the U. S. Parole
Commission. They make recommendations to courts concerning bail
release and sentencing. Recommendations may include whether
defendants should be released on bond, whether they should be
incarcerated or placed on probation and under what special
conditions. They supervise persons on court probation, pretrial
release, pretrial diversion, U. S. magistrate probation, parole,
mandatory release, military parole, and special parole.
Supervision includes counseling, guidance, supportive assistance,
and surveillance. Officers are required to maintain regular
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contact with those placed under their supervision. Contacts can
occur in the probation office, courts, jail lock-ups, community,
or in residences of those under supervision. If the offender
receives a sentence of incarceration, probation officers
investigate furlough requests, parole plans, and later provide
parole supervision. Probation officers also investigate and
report all violations of probation and parole. Probation and
pretrial services officers are the component in the Federal
criminal justice network that has the most sustained relationship
with the offender. They are there through most of the offender's
experience with the criminal justice system, from bail
investigation and setting, to the presentence investigation and
sentencing, through probation or parole supervision. The very
nature of the work, the elements of pretrial and presentence
investigation and subsequent supervision, can produce tensions
and hostilities toward probation officers that are sometimes
vented by violence or threats of violence against them.
Probation officers are authorized by statute to arrest
probationers with or without a warrant. They are considered law
enforcement officers for purposes of the Federal Tort Claims Act
and are included under special retirement provisions for law
enforcement officers. Though the majority of probation officers
do not arm themselves, they are authorized to carry weapons while
in the performance of their official duties subject to Judicial
Conference regulations. Recently, the U. S. Parole Commission
adopted a rule authorizing probation officers to search the
persons of parolees and mandatory releasees for signs of drug use
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and to seize contraband including drugs and weapons.
For the year ending December 31, 1983, the Federal
Probation System staff of over 1,700 probation officers and 80
pretrial services officers were providing supervision of over
60,000 persons. Probation officers completed over 30,000
presentence investigation reports. At the completion of fiscal
year 1983, United States probation officers were providing
probation and parole supervision for 5,130 drug dependent
offenders.
While the routine work of probation and pretrial services
officers exposes them to the potential assaults and other types
of hazards, it is the "special offenders" they supervise that
present the greatest potential for violence.
Probation officers provide supervision for probationers
and parolees in the Federal Witness Protection Program. There
are currently some over 200 such protected witnesses under
supervision. Many of these individuals are placed in the program
for protection from reprisals by organized crime figures against
whom they have testified. The House Judiciary Committee's
Subcommittee on Courts, Civil Liberties, and the Administration
of Justice has reported H.R. 4249, the United States Marshals
Service and Witness Security Reform Act of 1983. If passed, this
bill would have U. S. probation officers, upon the request of the
Attorney General, provide supervision for state probationers and
parolees placed in the Witness Protection Program.
Violent prison gangs are also an increasing problem.
There are five known groups that are causing serious problems in
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the Federal and some state prison systems. These are the Aryan
Brotherhood, La Nuestra Familia, the Mexican Mafia, the Black
Guerrilla Family, and the Texas Syndicate. These gangs are
networks of individuals organized for the purpose of engaging in
and controlling criminal activities within prisons. Acts of
violence, including murder, are sometimes a prerequisite for
gaining membership and maintaining status within the gangs.
Probation and pretrial services officers must serve the same
investigative and supervision functions with these dangerous
individuals as required in other cases.
I am sure you will remember the incident in February 1983
when a U. S. marshal and a deputy marshal were slain by a member
of the Posse Comitatus, a tax protest group. The killer was a
probation violator and the marshals were attempting to execute a
probation violator's warrant at the time of the murders.
I cite the foregoing to emphasize the potential hazards
faced by our officers in the performance of their statutory
responsibilities. The extent of these hazards has been
tragically demonstrated by the shootings of three probation
officers while in the performance of their official duties -- one
in Memphis in May 1973; one in the District of Columbia in June
1974; and the third a fatal shooting outside the Federal
courthouse in Laredo, Texas, in December 1978. These shootings
were not within Federal investigative or prosecutorial
jurisdiction. Nor are most of the threats, assaults, and other
hazardous incidents which are reported to the Probation Division
annually by probation officers and other probation staff members.
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During calendar year 1983, 41 incidents were reported,.
Twenty-one of the incidents were threats against probation
officers or their families. Two involved physical attacks upon
probation officers and 4 additional threatening incidents neared
physical attack. During the first 3 months of 1984, we have
already received 10 reports of hazardous incidents.
Considering the ever-present danger that exists, it is
fortunate that more serious injuries or threats have not
occurred. I am sure you can understand why passage of
legislation protecting Federal probation and pretrial se:rvALCC6
officers is important to the Federal judiciary and has been
endorsed by the Judicial Conference. As chief of the Probation
Division and on behalf of the Administrative Office of the United
States Courts and the Judicial Conference of the United States, I
applaud your efforts in this regard and strongly urge the
Congress to enact such legislation.
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PREPARED STATEMENT
OF
RALPH ARDITO., JR.
PRESIDENT OF THE
FEDERAL PROBATION OFFICERS ASSOCIATION
BEFORE THE
SUBCOMMITTEE ON CRIMINAL JUSTICE
OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES HOUSE OF REPRESENTATIVES
CONCERNING
FEDERAL OFFICIALS PROTECTION ACT OF 1984
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Mr. Chairman, Members of the Committee, I am Ralph Ardito, Jr.,
a U. S. Probation Officer for the District of Columbia. I am also
President of the Federal Probation Officers Association which has a
potential membership of more than 1700 individuals. I appear before
the subcommittee in my capacity of President of the Federal Probation
Officers Association.
On behalf of the association, I wish to thank the committee for
the opportunity to appear to testify on H.R. 5150, "Federal Officials
Protection Act of 1984". The Federal Probation Officers Association
has always believed that we should be included as protective officials
of the United States Government by statute. We are grateful to Mr.
Conyers, as well as to the other members of Congress who have intro-
duced legislation that recognize Federal Probation and Pretrial Service
Officers as an intregal part of the Criminal Justice System. We believe
that the work that we complete for the U. S. District Courts, the
Federal Bureau of Prisons System, and the U. S. Parole Commission
justify our inclusion under the Federal Protection statute.
The U. S. Probation-and Pretrial Service Officers have two major
areas of responsibility. The first is the investigation of individuals
who appear in pre-adjudication status for bail hearings and the com-
pletion of presentence reports when an individual has been convicted of
a federal crime before the U. S. District Court Judge. In the former
case, Pretrial Service Officers make specific recommendations regarding
bond and possible detention prior to trial. In the latter situation,
the U. S. Probation Officers make specific recommendations as to
criminal sanctions to be imposed at the time of sentencing. These
clients are fully aware that U. S. District Court Judges and Magistrates
rely heavily on the recommendation of the U. S. Probation Officer. In
fact, a study completed by the U. S. Probation Office, District of
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Columbia, approximately four years ago, revealed that the court
followed these specific recommendations of the Probation Officer
approximately 80% of the time. It is reasonable to assume that any
vindictive behavior directed at the court would also be displaced to
the U. S. Probation or Pretrial Service Officer.
The second major responsibility for U. S. Probation and Pretrial
Service Officers is the supervision of individuals under the juris-
diction of the U. S. District Courts or the U. S. Parole System.
The philosophical dilemma for all U. S. Probation and Pretrial Service
Officers has been the "rehabilitation of the individual" versus the
"protection of the community". All U. S. Probation and Pretrial Service
Officers first attempt to work with the individual in terms of modifying
past negative behavior patterns. However, more than 50% of the
population under supervision usually recidivate. Therefore, the U. S.
Probation and Pretrial Service Officer must take action to insure that
the public is protected from dangerous and violent individuals. In
order to perform this particular function, the U. S. Probation and
Pretrial Service Officers must work in tense, inner-city communities
which do afford hostile environments, as well as to travel to remote
rural and isolated reservations. Officers must regularly conduct inter-
views in jail environments and they must pursue highly sensitive types
of information which might prove to be adverse to convicted persons and
associates of convicted individuals.
U. S. Probation Officers do have the authority to arrest without
warrant any probationer who is found to be in violation of the terms of
supervision. Beginning April 1, 1984, the U. S. Probation Officers have
the authority to search and seize in plain view contraband that may con-
stitute a violation of parole or mandatory release. U. S. Probation
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Officers also have the authority to carry firearms under the direction
of the Judicial Conference of the United States. At the present time,
more than 30 districts have been authorized to carry a weapon in the
performance of their official duties.
In 1983, the Federal Probation Officers Association developed
a position paper that was used in support of H.R. 812 and S779, two
bills that would protect U. S. Probation and Pretrial Service Officers
by statute. It was the association's position that Federal Probation
and Pretrial Service Officers, like many other law enforcement agents,
work under conditions and circumstances which afford significant physical,
mental and emotional stress, and that these officers were exposed to
hazards that regular Civil Service employees were not exposed to.
Research was conducted with the Probation Division of the U. S. Courts
which revealed that from 1977 through 1982, 355 hazardous duty incidents
involving U. S. Probation Officers were reported to the Administrative
Office of the U. S. Courts. Of significance,.the data revealed that
one U. S. Probation Officer had been murdered; a Probation Clerk was
abducted at knifepoint; there were 21 threats to life; there were 13
physical assaults; handguns and shotguns (loaded) were confiscated on
10 occassions; three knives were confiscated; four threats with a knife
were reported; there was one robbery and assault at knifepoint; there
were four incidents where weapons were visible but not confiscated; and
there were nine additional assaults that involved guns, baseball bats,
can openers and bottles. In 90% of these reports, the clients involved
were identified as having drug, alcohol or psychiatric problems. The
Federal Probation Officers Association feels that this data is significant
when compared to other Civil Service employees now protected by statute.
With all due respect to employees of the Department of Agriculture who
are charged with the Protection and Preservation of Wild Birds and Animals
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or to agents of the Consumer Product Safety Commission, the association
does believe that our responsibilities place us in much greater danger,
as we work with the convicted and often times dangerous parolee or
probationer.
The report that accompanied S779 addressed the Pretrial Service
Act of 1982 (Public Law 97-267). This report stated that under
Title 18, U. S. Code, Section 3154, as amended by the Act, Pretrial
Service Officers and Probation Officers who perform pretrial service
functions are authorized to report to the court concerning the bail
worthiness of a defendant including any infromation relating to any
danger that he might pose to the community if released. The officer
will make recommendations concerning the appropriate release conditions
and he or she was charged with the responsibility to supervise those
persons released to their custody. These officers would also operate
facilities for the custody or care of released persons that included
addict and alocholic treatment centers. They'would also inform the
court and the U. S. Attorney of all violations of pretrial release
conditions, arrests, or any other danger that this individual would
pose to any person in the community. These functions would expose the
officer to considerable personal risks, including the risk of retalia-
tion by defendants, their families, or their friends for the release
recommendations that the officer would make.
In recent years, probation districts have formed specialized
units for treatment and supervision of the drug-addicted client,
the alcoholic, the mentally impaired individual, and the organized
crime person. It is my professional opinion that the officers performing
the specialized functions are inherently at greater risk than the majority
of individuals now protected by statute. As previously stated, the
majority of the most dangerous haazardous duty incidents involved
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individuals who had psychiatric, alcohol or drug problems. The .
association believes that the courts and the U. S. Parole Commission
should identify specialized problems and require the supervised client
to participate in appropriate treatment programs. We also wish the
Congress to understand that it is these specific clients that present
the most potential threat to the officers responsible for supervision.
In the majority of districts, each Probation Officer has a cross-
section of clients with alcohol, drug or mental health conditions.
There are also a small number of districts that have established
organized crime units that work directly with either the drug enforce-
ment agency, organized crime task forces, or the Federal Bureau of
Investigation to do surveillance work in non-business hours. These
officers are also responsible for maintaining close contact with the
organized crime person outside the office setting.
At our most recent board meeting in March of 1984, we had the
opportunity to be addressed by Mr. Jerry Farkas, Deputy Director, U.S.
Bureau of Prisons System. Mr. Farkas informed the Board that there
are more than 30,000 individuals currently confined in federal institu-
tions. These charges range from petty offenses to Murder. In more
than 95% of the cases, the U. S. Probation Officers will be responsible
for their supervision upon their eventual release. In addition to
the responsibility of supervising federal offenders, a recent bill
introduced (H.R. 4249) will give U. S. Probation Officers the responsi-
bility of providing supervision and protection to state violators.
It is the association's understanding that these state probation and
parole cases will be handled the same as federal witness protection
cases.
The Federal Probation Officers Association realizes that the
passage of this legislation will not provide any further protection
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to our officers. We believe, in fact, that the hazardous incidents
will increase as a result of the continued release of violent and
dangerous offenders from federal institutions. The U. S. Probation
and Pretrial Service Officers desire the recognition, as well as the
protection by statute, that we do attempt to protect the community
by working with the difficult and often times dangerous client.
We feel that we work for the U. S. Courts and accordingly the U. S.
Government, and if threatened, assaulted, or murdered, the individual
responsible should be prosecuted in the U. S. Courts. The officer
who was murdered in 1978 on the steps of the U. S. Courthouse was
tried in a state court. That individual will be confined in a state
institution and paroled to state authorties. We feel that that is
totally unacceptable when a U. S. Probation Officer has given his life
in the performance of his official duties. The Federal Probation
Officers Association strongly encourages this committee to support
this important and needed legislation.
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STATEMENT OF
VICE ADMIRAL E. A. BURKHALTER, JR., U.S.N.
DIRECTOR
INTELLIGENCE COMMUNITY STAFF
BEFORE THE
SUBCOMMITTEE ON CRIMINAL JUSTICE
OF THE
HOUSE COMMITTEE ON THE JUDICIARY
ON S.1762 AND RELATED BILLS
CONCERNING THE PROTECTION
OF INTELLIGENCE PERSONNEL
MARCH 28,1984
11:00 A.M.
ROOM 2237
RAYBURN HOUSE OFFICE BUILDING
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Mr. Chairman and members of the Subcommittee, I am Vice
Admiral E. A. Burkhalter, the Director of The Intelligence
Community Staff. I am pleased to be here today to discuss the
need for legislation that will provide federal criminal
penalties for attacks on United States intelligence personnel.
The Federal Government has a compelling interest in
assuring the physical safety of intelligence personnel. Except
in relatively unusual circumstances such as attacks within the
special maritime and territorial jurisdiction of the United
States, violent attacks on these individuals constitute crimes
only under state and local laws, and those jurisdictions may
lack the capabilities needed to detect and prevent, or to
investigate and prosecute, attacks directed at intelligence
personnel. The need for federal law enforcement authority to
investigate and prosecute such crimes is particularly acute in
cases involving international implications or national security
matters.
Currently, there are three legislative proposals before
your committee. S. 779, the Intelligence Personnel Protection
Act, would amend section 1114 of Title 18 of the United States
Code to include probation officers and intelligence personnel
within the scope of the general federal law criminalizing the
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manslaughter of federal officers. Parts G and K of Title X of
S. 1762, also presently before your Subcommittee, would amend
the federal criminal laws to protect not only intelligence
personnel, but also their families. Finally, there is a newly
introduced bill, H.R. 5150, the Federal Officials Protection
Act of 1984, which has a similar goal. The Intelligence
Community defers to the Department of Justice concerning the
relative desirability of these three pieces of legislation.
Legislation similar to the bills before this Subcommittee
have been proposed in the past. Both the previous Carter and
the present Reagan Administrations have supported similar
legislation that would protect intelligence personnel. In the
97th Congress the Senate passed similar bills on two occasions,
first in 1981, as section 510 of S. 1127, the Fiscal Year 1982
Intelligence Authorization Act, and then as separate
legislation, S. 2552. The Intelligence Community urges
enactment of the provisions similar to these earlier bills to
remedy the practical problem of violence directed at
individuals whose physical safety is essential to the vital
federal function of determining the capabilities and intentions
of foreign powers.
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The history of violence directed at U.S. intelligence
personnel amply demonstrates the need for this legislation.
The problem first achieved major proportions in the latter half
of the 1960's, a period of great turbulence in America.
Intelligence Community personnel, particularly personnel
recruiters who interview prospective employees on college
campuses in the same manner as recruiters for American
business, were subjected to violence or threats of violence in
twenty-seven cases. The most dangerous of these episodes
involved the dynamite bombing of a recruiter's office in
Michigan. Fortunately, in all these instances, the
intelligence personnel involved escaped death or serious bodily
harm.
One would have hoped that the incidents of violence
directed at intelligence personnel could be categorized as an
historical aberration, a reflection of the violence of the
times in the late 1960's. Unfortunately, Mr. Chairman,
incidents of violence directed at intelligence personnel have
continued.
In 1975, an intelligence officer, his wife, and his
fourteen-year-old son asleep in their home in Colorado were the
target of a dynamite pipe bomb which damaged the roof of the
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house and shattered windows, but fortunately did not injure the
individuals. At a subsequent time, an office associated with
the Intelligence Community was the subject of a dynamite
bombing. in 1978, a personnel recruiter was assaulted at a
midwestern university. In 1981, a man entered a personnel
recruiter's motel room in Illinois and threatened to kill him,
apparently for his intelligence recruitment activity.
This list of violence directed at intelligence personnel
includes only cases in which overt acts of violence occurred.
In addition, during the years 1978 to 1982 between 25 and 50
telephone threats of violence per year were made to overt
intelligence personnel. Mail threats are also received on a
continuing basis. A recent example of these mail threats
occurred in September of 1983 when Intelligence Community
personnel recruiters in major cities across the United States
received a typewritten flyer written by the "Weather
Underground Peace Action" threatening their lives. From this
discussion of violence aimed at intelligence personnel, I have
excluded incidents of violence or threats of violence aimed at
the Director or Deputy Director of Central Intelligence who are
already protected by the federal criminal code.
C
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The need for federal criminal penalties for violence
directed at intelligence personnel stems not only from the need
to protect the physical safety of individuals performing a
unique federal function, but also from the practical needs of
law enforcement in such matters. Because close working
relationships exist among the departments and agencies of the
Intelligence Community, which includes the Federal Bureau of
Investigation, the coordination mechanism and the basic
intelligence expertise necessary to investigate violent crimes
involving intelligence personnel already exists in the Federal
Bureau of Investigation. The Federal Bureau of Investigation
will not be required to develop new law enforcement
capabilities to enforce the provisions of the criminal code as
amended by the provisions of this bill to include protection
for the officers and employees of the Intelligence Community.
I wish to emphasize that it is not the degree of frequency of
attacks on intelligence personnel that requires federal
jurisdiction. It is, rather, the nature of the crime; namely,
direct interference with a vital federal function.
In conclusion, Mr. Chairman, the protection of intelligence
personnel through the application of the federal criminal laws
is long overdue and amply warranted by the facts. The
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Intelligence Community strongly supports adoption of
legislation that will protect intelligence personnel and urges
your Committee to act favorably upon legislation that would
provide this protection.
Mr. Chairman, I would be pleased to answer any questions
the Subcommittee may have.
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Question: Why do you need federal legislation to protect
intelligence personnel? Are state and local law enforcement
agencies unwilling or unable to investigate and prosecute
attacks against intelligence personnel?
Answer: There are two reasons we support federal
legislation protecting intelligence personnel.
First, we believe it is only fair to provide federal
protection to all federal employees who are subject to attack
as a result of carrying out important federal functions. In
this regard we believe that intelligence personnel deserve the
same federal protection provided to employees of the Postal
Service and the Department of Agriculture.
Second, while we cannot say that state and local law
enforcement agencies are unwilling or unable to investigate
attacks on intelligence personnel, we do believe that the FBI
can bring the highest expertise to an investigation in this
area. Also, attacks on intelligence personnel may involve
counterintelligence issues that are the responsibility of the
FBI.
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