[Congressional Record Volume 141, Number 198 (Wednesday, December 13, 1995)]
[Senate]
[Pages S18559-S18561]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH:
  S. 1474. A bill to provide new authority for probation and pretrial 
services officers, and for other purposes.

[[Page S18560]]



          probation and pretrial services officers legislation

  Mr. HATCH. Mr. President, today I introduce a bill that would grant 
Federal probation and pretrial services officers authority to carry 
firearms, when approved by the appropriate district court, under rules 
prescribed by the Administrative Office of the U.S. Courts.
  To add that new authority, the bill amends 18 U.S.C. 3603, which sets 
out the duties of probation officers, and 18 U.S.C. 3154, which 
establishes the functions of pretrial services officers. The change 
will permit those officers to carry firearms as they perform their 
important and frequently dangerous duties.
  State law currently governs whether Federal probation and pretrial 
services officers may carry weapons; that law is inconsistent from 
State to State. Research by the Administrative Office of the U.S. 
Courts shows that only three States give specific authority to Federal 
probation and pretrial services officers to carry weapons. Forty-four 
States authorize Federal probation officers to carry firearms based 
either on statutory authority given to State probation officers or 
peace officers, or on State attorney general opinions. Although some of 
those States similarly authorize Federal pretrial services officers to 
carry firearms, at least 14 of them have neglected to extend that 
authority to those officers.
  More important, certain States prohibit Federal probation and 
pretrial services from carrying weapons even where the officer has 
court approval to do so. Officers in those jurisdictions are left 
vulnerable to serious harm or death. A 1993 study undertaken by the 
Federal Probation and Pretrial Officers Association revealed that, in 
the Federal and local systems, 1,818 serious assaults and 792 attempted 
assaults against probation and pretrial services officers occurred 
between 1980 and 1992. The study acknowledges that those numbers 
probably understate the actual figures since some jurisdictions did not 
respond the association's study.
  In my view, the risks faced by Federal probation and pretrial 
services officers cannot be overemphasized. These officers risk their 
safety and their lives every day, often supervising violent offenders 
in situations that place them and others at risk of bodily harm. We 
should ensure that, wherever those officers are, they are authorized to 
carry a firearm.
  Not only does this bill address problems faced by officers who work 
out of jurisdictions in which they are not permitted to carry a 
firearm, but it addresses difficulties faced by officers who must cross 
State lines in the performance of their duties. Under current law, even 
officers who are authorized under one State's laws to carry weapons may 
still run afoul of another State's laws when they cross State lines. 
Without a Federal statute authorizing officers to carry firearms, they 
may be acting illegally when they cross State lines to perform their 
duties. Many Federal officers supervise offenders near a State border 
and must travel interstate to carry out their duties. An offender may 
have a nearby job in an adjacent State, for example, and the officer 
may need to travel to the job site to verify the offender's employment.

  Problems may also arise for officers who live in one State and work 
in another. For instance, officers who live in Wisconsin and work in 
Minnesota are not allowed to obtain a gun permit from Minnesota. 
Similar situations arise in other States. Officers may be unable to 
obtain licenses from the State in which they reside even though they 
may work in a neighboring State that permits some of it residents to 
carry firearms.
  These officers work in inherently dangerous environments. The Federal 
Probation and Pretrail Officers Association wrote to me on September 
15, 1995:

       Under enhanced supervision practices, we supervise in the 
     field, in the most crime-infested areas of urban environments 
     as well as in the most remote rural areas of urban 
     environments as well as in the most remote rural areas. [I]f 
     enacted, [the bill] would give all officers a significant 
     measure of support and protection which they certainly 
     deserve.

  I wholeheartedly agree.
  This bill will correct the current intolerable situation. The 
security of Federal probation and pretrial services officers should not 
be left to the vagaries of State law.
  Of course, these Federal officers will be fully trained and closely 
supervised in their use of firearms. Under the bill, probation and 
pretrial services officers will be permitted to carry firearms only 
pursuant to regulations promulgated by the Director of the 
Administrative Office of the U.S. courts. The Administrative Office has 
informed me that these regulations would include extensive training and 
safety requirements, and that most of them are already in effect for 
those officers authorized to carry firearms.
  Mr. President, I ask unanimous consent that the full text of the bill 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1474

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. NEW AUTHORITY FOR PROBATION AND PRETRIAL SERVICES 
                   OFFICERS.

       (a) Probation Officers.--Section 3603 of title 18, United 
     States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (8)(B);
       (2) by redesignating paragraph (9) as paragraph (10); and
       (3) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) if approved by the district court, be authorized to 
     carry firearms under such rules and regulations as the 
     Director of the Administrative Office of the United States 
     Courts may prescribe; and''.
       (b) Pretrail Services Officers.--Section 3154 of title 18, 
     United States Code, is amended--
       (1) by redesignating paragraph (13) as paragraph (14); and
       (2) by inserting after paragraph (12) the following new 
     paragraph:
       ``(13) As approved by the district court, carry firearms 
     under such rules and regulations as the Director of the 
     Administrative Office of the United States Courts may 
     prescribe.''.
      By Mr. STEVENS (for himself and Mr. Murkowski):
  S. 1475. A bill to provide an antitrust exemption for persons engaged 
in the fishing industry and for other purposes; to the Committee on the 
Judiciary.


                  THE FISHING INDUSTRY BARGAINING ACT

 Mr. STEVENS. Mr. President, today I am introducing the Fishing 
Industry Bargaining Act, a bill to provide antitrust immunity to 
fishermen and fish processors which would allow them to collectively 
agree on the prices paid to fishermen and on the minimum price fish 
processors will accept for the sale of processed fish products.
  Senator Murkowski joins me as a cosponsor of this legislation.
  We are introducing the bill because the Alaska State Legislature 
enacted a State law to confer identical antitrust immunity on Alaska 
fishermen and processors.
  The changes to Alaska law will only have effect if the changes we are 
proposing to Federal law are enacted.
  Our bill would add a new section to the act approved on June 25, 
1934, which authorizes producers of aquatic products to form 
associations, to allow fishermen and fish processors to collectively 
agree on prices.
  The bill would prevent fish processors from agreeing on prices unless 
fishermen participated in the agreement and are party to the agreement.
  This antitrust exemption would apply to fishermen and fish processors 
in all parts of the country, not just in Alaska.
  We look forward to hearing from the Alaska fishing industry and from 
the fishing industry in other parts of the country about the 
legislation.
  If there is support, we would hope to enact the bill sometime next 
year.
  I ask for unimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1475

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Fishing 
     Industry Bargaining Act''.
       (b) Amendment to Act of 1934.--The Act approved June 25, 
     1934, authorizing associations of producers of aquatic 
     products (15 U.S.C. 1521 et seq.) is amended by inserting 
     after section 2 the following new section:
       ``Sec. 3. Persons engaged in the fishing industry as 
     fishermen, including fishermen acting through associations 
     allowed under section 1, may collectively agree with fish 
     processors, including fish processors acting through 
     associations of processors, on (1) the 

[[Page S18561]]
     price paid to the fishermen for aquatic products, and (2) the minimum 
     price that fish processors will accept for the sale of 
     processed aquatic products. Nothing in this section shall be 
     construed to allow fish processors to agree among themselves 
     on the price paid to fishermen or the minimum price that fish 
     processors will accept for the sale of processed aquatic 
     products if fishermen did not participate in the making of 
     the agreement and are not a party to the agreement.
                                 ______