Mr. Speaker, pursuant to House Resolution 324, I call up the bill (H.R. 1039) to amend section 3606 of title 18, United States Code, to grant probation officers authority to arrest hostile third parties who obstruct or impede a probation…
Mr. Speaker, pursuant to House Resolution 324, I call up the bill (H.R. 1039) to amend section 3606 of title 18, United States Code, to grant probation officers authority to arrest hostile third parties who obstruct or impede a probation officer in the performance of official duties, and ask for its immediate consideration.
Mr. Speaker, I asked unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 1039.
Mr. Speaker, I ask unanimous consent that the question of adopting the amendment to H.R. 1039 may be subject to postponement as though under clause 8 of rule XX.
Mr. Speaker, I yield myself such time as I may consume.
Before I address the bill under consideration today, I would like to take a few minutes to honor a very special
member of my staff, Burak Guvensoylar, who lost his courageous battle with cancer this past weekend.
Burak was a valued member of the Judiciary Committee team and worked on a variety of issues, including digital privacy and intellectual property. His vast knowledge and grasp of the issues impacting the technology community was a tremendous asset to the committee.
Most recently, Burak's work included the development of the committee's Innovation and Competitiveness Agenda; and his steadfast work and tenacious attitude were not only essential in making this initiative a success, but were also a testament to his character. In fact, while he was undergoing intensive cancer treatments, he was actively working and sending follow-up emails from his hospital bed. And just days before Burak passed away, he met with FCC Commissioner Ajit Pai to discuss a number of Judiciary Committee priorities. For Burak, nothing could prevent him from an opportunity to discuss and advance the policies he was so passionate about.
Burak was a true technology policy enthusiast. Prior to joining the staff of the Judiciary Committee, Burak served as a legislative adviser for Congressman Randy Forbes. While working for Congressman Forbes, Burak handled the diverse range of issues that fall under the jurisdiction of the Judiciary Committee, but it was always evident that technology policy was his first love.
He cofounded the Congressional Tech Staff Association and served as an executive officer responsible for the professional development program.
Prior to his career on Capitol Hill, Burak worked at TechAmerica and CompTIA, focusing on international trade policy.
Burak has many friends here in the Halls of Congress on both sides of the aisle. I know all of my colleagues join me in extending our deepest sympathies to his mother, Filiz; his sister, Aylin Forbes; his girlfriend, Ashley Newsome; and all of his loved ones.
Burak will be deeply missed.
Mr. Speaker, I rise in strong support of H.R. 1039, the Probation Officer Protection Act of 2017, and urge my colleagues to do the same.
I want to thank the primary author of the bill, the gentleman from Washington, Congressman Reichert, for his leadership on this and many other law enforcement issues.
Under current law, a Federal probation officer may arrest a probationer or an offender on supervised released if the officer has probable cause to believe that the offender has violated a condition of his or her probation or release. The officer may make the arrest with or without a warrant.
Unfortunately, current law does not grant probation officers arrest authority in situations where a third party attempts to physically obstruct an officer or inflict physical harm on the officer. Despite the fact that interfering with a probation officer in the performance of his or her official duties is in itself a crime, Federal probation officers lack the authority to correct or restrain a physically interfering third party.
In fact, a probation officer's only course of action is to retreat from the situation. This not only exposes these officers to a heightened risk of harm, as they are not permitted to subdue the assailant, it also allows the probationer to conceal evidence that he has violated terms of his probation or supervised release or any other criminal activity.
H.R. 1039 is a reasonable and responsible remedy to this very real problem. This bill, which has the support of the Judicial Conference of the United States and the Federal Law Enforcement Officers Association, will protect probation officers and enhance their ability to do their job by giving them authority to arrest a third party who forcibly interferes with an officer's performance of his or her official duties.
This bill would not give probation officers general arrest authority. Rather, as noted, it grants them the very limited authority to arrest a third party who is interfering with the duties of the officer, which is already a Federal crime.
I urge my colleagues to support this commonsense measure to ensure that these dedicated men and women have the necessary authority to undertake their duties safely and effectively.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield such time as he may consume to the gentleman from Washington (Mr. Reichert), the chief sponsor of the legislation.
Mr. Speaker, I yield such time as he may consume to the gentleman from Texas (Mr. Poe), a member of the Committee on the Judiciary.
Mr. Speaker, I am prepared to close.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, we have heard many arguments in opposition to this legislation. We have carefully explained how each of these arguments is unfounded.
I simply want to again urge my colleagues to vote for this very simple, yet much-needed, piece of bipartisan legislation. Support the men and women of law enforcement with your vote. Support the Fraternal Order of Police who wrote a letter supporting this bill.
Mr. Speaker, I enter in the Record the FOP letter.
National Fraternal
Order of Police,
Washington, DC, 15 February 2017.
Hon. David G. Reichert,
House of Representatives,
Washington, DC.
Dear Representative Reichert: I am writing on behalf of the
members of the Fraternal Order of Police to advise you of our
support for H.R. 1039, the ``Probation Officer Protection
Act.'' This legislation will amend
section 3606 of Title 18, United States Code, to grant
probation officers authority to arrest hostile third parties
who obstruct or impede a probation officer in the performance
of official duties.
Probation officers supervise men, women and juveniles who
are convicted of a crime. Instead of a judge sentencing these
offenders to prison, the judge sentences them to close
supervision while continuing to live and work with the
general public. A probation officer's job title comes with an
inherent element of danger due to the supervision of
offenders such as drug addicts, sexual offenders and domestic
violence offenders who could turn violent at any time.
Offenders are often intimidated by the amount of power a
probation officer has over their freedom. If they feel the
officer will recommend a prison sentence or report illegal
activity, which may lead to a prison sentence, they may try
to eliminate this threat by harming the officer.
When probation officers are accosted by a violent third
party, they are forced to retreat because they have no third-
party arrest authority. They also cannot assist any police
officer at the scene who may have been called to assist. This
subjects everyone involved in the situation to greater risk
and can result in the loss of evidence, the escape of an
offender, or harm to an individual.
In the past, offenders typically reported to the probation
officer's office for scheduled visits. Now many probation
officers are required to make home visits where the offender
may have easy access to weapons. While the officer may carry
a gun, and have armed back up in some cases, often he or she
will go into the home or workplace alone without knowing
anything about other persons at the site.
For these reasons, this authority is needed and we are
proud to support your bill and look forward to working with
you on it.
On behalf of more than 330,000 members of the Fraternal
Order of Police, I want to thank you for introducing this
legislation and amendment. If I can be of further help,
please do not hesitate to contact me or my Senior Advisor,
Jim Pasco, in my Washington office.
Sincerely,
Chuck Canterbury,
National President.
Mr. Speaker, support the Federal Law Enforcement Officers Association, who called H.R. 1039 a ``critical officer safety measure'' in their letter of endorsement.
Support the National Association of Police Organizations, who said H.R. 1039 is a ``sensible solution that ensures the safety of the officer, the probationer, and the community.''
Mr. Speaker, I enter in the Record these letters.
Federal Law
Enforcement Officers Association,
Cabin John, MD, May 17, 2017.
Hon. Paul Ryan,
Speaker of the House, House of Representatives,
Washington, DC.
Hon. Nancy Pelosi,
Minority Leader, House of Representatives,
Washington, DC.
Dear Mr. Speaker and Leader Pelosi: I am writing on behalf
of the nearly 27,000 members of the Federal Law Enforcement
Officers Association to advise you of our strong support for
H.R. 1039, the ``Probation Officer Protection Act,'' and to
express our appreciation for the Congress's consideration of
this important officer safety measure during National Police
Week. FLEOA opposes the amendment that will be offered on the
floor to sunset the authority provided by the bill, as you
cannot put a stopwatch on critical law enforcement officer
protection measures such as H.R. 1039.
The ``Probation Officer Protection Act'' is a critical
officer safety measure. At a time when U.S. Probation
Officers have seen their workloads increase due to changes in
sentencing policy and are being asked to ``do more with the
same,'' ensuring that they have the means to protect
themselves when placed in harm's way is paramount. H.R. 1039
will fully authorize a U.S. Probation Officer to arrest any
third party who violates 18 USC 111. This statute has been on
the books since the 1940s and makes it a crime for any person
to forcibly assault, resist, intimidate, or interfere with
any federal officer in the performance of their official
duties. Current law, however, only allows Probation Officers
to make arrests of individuals on probation or under
supervised release who violate 18 USC 111. This authority
does not extend to ``third parties,'' which could include a
former associate of the offender or an unidentified member of
the community. In many instances third parties are well aware
that a federal officer's authority is limited to individuals
on supervision, and when a third party does impede or assault
a U.S. Probation Officer, the Officer's only recourse is to
retreat and call for local law enforcement. While in major
cities local law enforcement may respond depending on
availability, the same is not true for U.S. Probation
Officers who work in rural communities where response by
local law enforcement may be a single officer or none. This
places Probation Officers at even greater risk, particularly
in those situations where retreat is not even a reasonably
safe alternative.
During the forthcoming debate on this bill, there will
undoubtedly be those who go to great lengths to demean U.S.
Probation Officers as something less than ``real'' law
enforcement officers or to diminish the hazards that they
face. Some may also raise inchoate objections about the
constitutionality of H.R. 1039. For example, you will hear
that Congress cannot extend Executive Branch police powers to
the Judicial Branch, despite the fact that it was Congress
that established the U.S. Supreme Court Police that resides
directly across the street from the U.S. Capitol. Not only
are such statements factually inaccurate, they display a
basic lack of understanding about those who serve our nation
as U.S. Probation Officers and the purposes behind the
``Probation Officer Protection Act.''
Make no mistake: U.S. Probation Officers are fully trained
federal law enforcement officers. They attend basic training
at the National Training Academy at the Federal Law
Enforcement Training Center in Charleston, SC, and receive
ongoing in-service training throughout the year. Their
training covers everything from firearms regulation and
safety and defensive tactics to handcuffing, the use of
force, de-escalation training, and reality-based scenario
training. It may be difficult for some to acknowledge, but
there is an inherent risk to the work U.S. Probation Officers
do--a risk that often outweighs that of traditional law
enforcement. They do not enter into sterile offices, but
often into environments that are uncertain. They are required
to have frequent and regular contacts in the home and
community and knowingly come into daily contact with
individuals who have a history of violence, mental health
issues, problems with authority, and troubles with substance
abuse. U.S. Probation Officers are not able to anticipate
what is going to occur during all contacts. There are and
have been occasions when U.S. Probation Officers are
threatened and/or attacked by third parties and they need the
ability to take an affirmative step to protect themselves.
U.S. Probation Officers are a unique profession. They have
a knowledge base in law and human behavior, and a mix of
skills in investigation, communication, and analysis. They
strive to make our communities safer, to make a positive
difference in the lives of those they serve, and promote
fairness in process and excellence in service. But as the
volume of approved searches they must conduct has markedly
increased over the past year due to changes in sentencing
policy, the absence of any authority to restrain or direct
the movements of third parties places U.S. Probation Officers
at a greater and unnecessary risk of physical harm. H.R. 1039
provides a modest expansion of U.S. Probation Officers'
existing arrest authority to cover only violations of 18 USC
111. It does not in any way provide them ``peace officer''
status or grant them the same general arrest authority that
state-level probation officers enjoy in many jurisdictions.
Granting U.S. Probation Officers the authority to arrest
third parties would not change who they are and what they are
seeking. Nor will it interfere with or otherwise diminish
U.S. Probation Officers' use of the de-escalation techniques
that are the hallmark of their profession. It would simply
afford them another tool, another avenue, if ever needed.
In the end, this legislation will enhance officer safety
while also protecting probationers and third parties by
preventing obstruction from escalating to actual violence.
Thank you in advance for your consideration of this
legislation and for helping U.S. Probation Officers do their
job more safely by passing H.R. 1039, the ``Probation Officer
Protection Act.''
Sincerely,
Nathan R. Catura,
National President.
Mr. Speaker, collectively, these organizations represent over half a million sworn law enforcement officers. On this last day of National Police Week, let's join them in supporting this bill.
In this body, Members tend to frequently use the term ``common sense'' to describe a piece of legislation. I don't think many more pieces of legislation are as common sense as this bill.
It really boils down to this question: Should a law enforcement officer be able to arrest the individual who forcibly assaulted, resisted, opposed, impeded, intimidated, or interfered with that officer?
That is it. That is all we are talking about today. Common sense tells us that the answer is a resounding ``yes.''
It has been insinuated that probation officers aren't real law enforcement and lack the training to make arrests. I think the brave men and women who serve as Federal probation officers, who have received extensive training, and have ongoing training requirements as part of their jobs, might disagree with that insinuation.
Further, the Administrative Office of the United States Courts and its Federal Probation and Pretrial Academy offer nationally standardized training programs and advanced training programs targeting specialized areas of supervision. Common sense tells us that these officers are qualified to make arrests.
Opponents of this bill would prefer to have these law enforcement officers retreat when confronted by third parties. Let's think about what some of the consequences of retreat might mean. If forced to retreat, that officer is forced to terminate interaction with a probationer who may urgently require services, such as substance abuse or mental health treatment. It also means contraband, such as firearms or narcotics, which could have been removed by the parole officer, remains in the community.
In short, the consequences of retreat place public safety in jeopardy. Common sense tells us that retreat is not a viable option.
There is nothing revolutionary going on here. There is no new Federal crime being added. This bill simply says that when someone forcibly assaults, resists, opposes, impedes, intimidates, or interferes with a probation officer, that probation officer can arrest that individual.
It is already a crime to engage in the behavior I just described. An individual who commits that act is going to get arrested. All we are debating today is who puts the handcuffs on the arrestee. Common sense tells us that the officer who was assaulted should have the authority to make the arrest.
Use common sense. Support H.R. 1039, the Probation Officer Protection Act of 2017, so that Federal probation officers can do their jobs safely and effectively.
Mr. Speaker, I yield back the balance of my time.