[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12082]


[[Page Unknown]]

[Federal Register: May 18, 1994]


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DEPARTMENT OF JUSTICE
Office of the Attorney General

28 CFR Part 64

[AG Order No. 1874-94]

 

Designation of Officers and Employees of the United States for 
Coverage Under Section 1114 of Title 18 of the United States Code

AGENCY: Department of Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: Part 64 of title 28, Code of Federal Regulations, designates 
categories of federal officers and employees who, in addition to those 
already designated by statute, warrant the protective coverage of 
federal criminal law. This designation confers federal jurisdiction to 
prosecute the killing, attempted killing, kidnaping, forcible assault, 
intimidation or interference with any of the federal officers or 
employees designated by this regulation while they are engaged in or on 
account of the performance of their official duties. This order adds to 
the list of covered federal officers and employees federal 
administrative law judges not previously covered and employees of the 
Office of Workers' Compensation Programs of the Department of Labor who 
adjudicate and administer claims under the Federal Employees' 
Compensation Act, the Longshore and Harbor Workers' Compensation Act 
and its extension, and the Black Lung Benefits Act. The order also 
makes technical corrections and deletes duplicative designations.

DATES: This interim rule is effective May 18, 1994. Written comments 
must be submitted on or before June 17, 1994.

ADDRESSES: Please submit written comments to: Mary Incontro, Deputy 
Chief, or Stephen M. Weglian, Attorney, Terrorism and Violent Crime 
Section, Criminal Division, Department of Justice, room 2513, 10th and 
Constitution Avenue, NW., Washington, DC 20530.

FOR FURTHER INFORMATION CONTACT:
Mary Incontro, Deputy Chief, or Stephen M. Weglian, Attorney, Terrorism 
and Violent Crime Section, Criminal Division, Department of Justice, 
Washington, DC 20530, telephone (202) 514-0849.

SUPPLEMENTARY INFORMATION: Part K of chapter X of the Comprehensive 
Crime Control Act of 1984, Public Law 98-473, tit. II, section 1012, 98 
Stat. 1976, 2142 (1984), amended 18 U.S.C. 1114, which prohibits the 
killing of designated federal employees, to authorize the Attorney 
General to add by regulation other federal personnel who will be 
protected by this section. The categories of federal officers and 
employees covered by section 1114 are also protected, while engaged in 
or on account of the performance of their official duties, from a 
conspiracy to kill, 18 U.S.C. 1117; kidnaping, 18 U.S.C. 1201(a)(5); 
forcible assault, interference, or intimidation, 18 U.S.C. 111; and 
threat of assault, kidnap or murder with intent to impede, intimidate, 
or retaliate against such officer or employee, 18 U.S.C. 115.
    In order to implement this legislation initially, the Department 
conducted a survey of all federal agencies to determine which federal 
employees, other than those already listed in 18 U.S.C. 1114, should be 
protected under the statute. The result of this survey was the 
promulgation of Attorney General Order No. 1177-87, 52 FR 4767, 
February 17, 1987, creating 28 CFR part 64. Section 64.1 states the 
purpose of the regulation. Section 64.2 originally listed 21 categories 
of federal employees who were considered appropriate for coverage under 
section 1114 and the other statutory provisions. Consistent with the 
purpose and legislative history of section 1114, these categories of 
federal employees were selected because their jobs involve inspection, 
investigative or other law enforcement responsibility or their work 
involves a substantial degree of physical danger from the public that 
may not be adequately addressed by available state or local law 
enforcement resources. Part 64 has been amended four times to add 
additional categories of personnel (Attorney General Order No. 1326-89, 
54 FR 9043, March 3, 1989; Attorney General Order No. 1394-90, 55 FR 
3945, February 6, 1990; Attorney General Order No. 1508-91, 56 FR 
32327, July 16, 1991; Attorney General Order No. 1636-92, 57 FR 56444, 
November 30, 1992).
    Attorney General No. 1636-92 established an interim rule that, 
besides making various technical modifications to part 64, added these 
categories of employees: (1) Attorneys and employees assigned to 
perform or to assist in performing, investigative, inspection or audit 
functions of the Office of the Inspector General of certain designated 
Federal entities as that term is defined by section 8E of the Inspector 
General Act of 1978, as amended, 5 U.S.C. app 3 section 8E, and of the 
Merit Systems Protection Board and the Selective Service System; (2) 
attorneys, accountants, investigators, administrative judges and other 
employees of the U.S. Securities and Exchange Commission assigned to 
perform or to assist in performing investigative, inspection or other 
law enforcement functions; (3) biologists and technicians of the U.S. 
Fish and Wildlife Service who are participating in sea lamprey control 
operations; (4) officers and employees of the Federal Aviation 
Administration, the Federal Highway Administration, the Federal 
Railroad Administration, the Research and Special Programs 
Administration, and the Saint Lawrence Seaway Development Corporation 
of the U.S. Department of Transportation who are assigned to perform or 
assist in performing investigative, inspection or law enforcement 
functions; and (5) U.S. Trustees and Assistant U.S. Trustees, and 
bankruptcy analysts and other officers and employees of the U.S. 
Trustee System who have contact with creditors and debtors, perform 
audit functions, or perform other investigative or enforcement 
functions in administering the bankruptcy laws. No public comments were 
received.
    Administrative law judges (ALJs) perform law enforcement functions 
under various federal laws. In recent years ALJs have been recipients 
of an increasing number of threats, often by litigants in proceedings 
before ALJs who have considerable property interests at stake. 
Presently, there are over 1000 ALJs in nearly 30 federal agencies. Some 
of the ALJs in the Social Security Administration and the Securities 
and Exchange Commission are currently covered by Sec. 64.2 (x) and (w), 
respectively. While these ALJs comprise nearly 70% of all federal ALJs, 
there is no valid reason for not covering the others who experience 
similar risks. Accordingly, all administrative law judges have been 
added by paragraph (aa) of Sec. 64.2.
    The Office of Workers' Compensation Programs (OWCP) of the 
Department of Labor administers three workers' compensation laws: the 
Federal Employees' Compensation Act (FECA); the Longshore and Harbor 
Workers' Compensation Act (LHWCA) and its extension; and the Black Lung 
Benefits Act (BLBA). OWCP employees adjudicate and administer claims 
which result in the payment (or denial) of benefits under these 
respective laws. As part of this process, the employees conduct 
informal conferences and (under FECA) face-to-face hearings. The 
individual claims examiner's identity is well known to claimants, as 
are the supervisors and managers involved at all levels of the program. 
These employees' jobs involve a substantial risk of physical danger 
from some claimants and other members of the public who seek to 
influence the outcome of the claim or who are dissatisfied with the 
decisions rendered. In recent years an increased number of threats and 
acts of violence have been directed against OWCP employees. There have 
been instances in which individuals have appeared in OWCP offices with 
vicious dogs, with purported explosives strapped to them, and with 
firearms and other dangerous weapons. Accordingly, these OWCP employees 
have been added by paragraph (bb) of Sec. 64.2.
    Because of new paragraph (aa), reference to ``administrative 
judges'' in paragraph (w) has been deleted. Also, because section 6 of 
Public Law 102-365, 106 Stat. 975, September 3, 1992, added to section 
1114 of title 18, U.S.C., ``any officer or employee of the Federal 
Railroad Administration assigned to perform investigative inspection or 
law enforcement functions,'' reference to the Federal Railroad 
Administration has been deleted from paragraph (z).
    The Department of Justice's implementation of this rule as an 
interim rule, with provisions for post-promulgation public comment, is 
based upon the ``good cause'' exception found at 5 U.S.C. 553(d). 
Immediate application of this order is necessary to provide protection 
to those federal officials designated by this other.
    This rule was not reviewed by the Office of Management and Budget 
pursuant to Executive Order 12866. This order will not have a 
substantial impact on a significant number of small entities, thus a 
regulatory flexibility analysis has not been prepared pursuant to the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Finally, this order 
does not have Federalism implications warranting the preparation of a 
Federalism Assessment in accordance with E.O. 12612.

List of Subjects in 28 CFR Part 64

    Crime, Government employees, Law enforcement officers.
    By virtue of the authority vested in me by 28 U.S.C. 509, 5 U.S.C. 
301, and 18 U.S.C. 1114, part 64 of chapter I of title 28, Code of 
Federal Regulations, is hereby amended as follows:

PART 64--DESIGNATION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES 
FOR COVERAGE UNDER SECTION 1114 OF TITLE 18 OF THE U.S. CODE

    1. The authority citation for part 64 continues to read as follows:

    Authority: 18 U.S.C. 1114, 28 U.S.C. 509, 5 U.S.C. 301.

    2. Section 64.1 is revised to read as follows:


Sec. 64.1  Purpose.

    This regulation designates categories of federal officers and 
employees in addition to those already designated by the statute, who 
will be within the protective coverage of 18 U.S.C. 1114, which 
prohibits the killing or attempted killing of such designated officers 
and employees. The categories of federal officers and employees covered 
by section 1114 are also protected, while they are engaged in or on 
account of the performance of their official duties, from a conspiracy 
to kill, 18 U.S.C. 1117; kidnaping, 18 U.S.C. 1201(a)(5); forcible 
assault, intimidation, or interference, 18 U.S.C. 111; and threat of 
assault, kidnap or murder with intent to impede, intimidate, or 
retaliate against such officer or employee, 18 U.S.C. 115(a)(1)(B). In 
addition, the immediate family members of such officers and employees 
are protected against assault, kidnap, murder, attempt to kidnap or 
murder, and threat to assault, kidnap, or murder with intent to impede, 
intimidate, or retaliate against such officer or employee, 18 U.S.C. 
115(a)(1)(A). The protective coverage has been extended to those 
federal officers and employees whose jobs involve inspection, 
investigative or law enforcement responsibilities, or whose work 
involves a substantial degree of physical danger from the public that 
may not be adequately addressed by available state or local law 
enforcement resources.
    3. Section 64.2 is revised to read as follows:


Sec. 64.2  Designated officers and employees.

    The following categories of federal officers and employees are 
designated for coverage under section 1114 of title 18 of the U.S. 
Code:
    (a) Judges and special trial judges of the U.S. Tax Court;
    (b) Commissioners and employees of the U.S. Parole Commission;
    (c) Attorneys of the Department of Justice;
    (d) Resettlement specialists and conciliators of the Community 
Relations Service of the Department of Justice;
    (e) Officers and employees of the Bureau of Prisons;
    (f) Criminal investigators employed by a U.S. Attorney's Office; 
and employees of a U.S. Attorney's Office assigned to perform debt 
collection functions;
    (g) U.S. Trustees and Assistant U.S. Trustees; bankruptcy analysts 
and other officers and employees of the U.S. Trustee System who have 
contact with creditors and debtors, perform audit functions, or perform 
other investigative or enforcement functions in administering the 
bankruptcy laws;
    (h) Attorneys and employees assigned to perform or to assist in 
performing investigative, inspection or audit functions of the Office 
of Inspector General of an ``establishment'' or a ``designated Federal 
entity'' as those terms are defined by section 11 and 8E, respectively, 
of the Inspector General Act of 1978, as amended, 5 U.S.C. app. 3 
section 11 and 8E, and of the Offices of the Inspector General of the 
U.S. Government Printing Office, the Merit Systems Protection Board, 
and the Selective Service System.
    (i) Employees of the Department of Agriculture at the State, 
district or county level assigned to perform loan making, loan 
servicing or loan collecting function;
    (j) Officers and employees of the Bureau of Alcohol, Tobacco and 
Firearms assigned to perform or to assist in performing investigative, 
inspection or law enforcement functions;
    (k) Federal air marshals of the Federal Aviation Administration;
    (l) Employees of the Bureau of Census employed in field work 
conducting censuses and surveys;
    (m) Employees and members of the U.S. military services and 
employees of the Department of Defense who:
    (1) are military police officers,
    (2) have been assigned to guard and protect property of the United 
States, or persons, under the administration and control of a U.S. 
military service or the Department of Defense, or
    (3) have otherwise been assigned to perform investigative, 
correction or other law enforcement functions;
    (n) The Director, Deputy Director for Supply Reduction, Deputy 
Director for Demand Reduction, Associate Director for State and Local 
Affairs, and Chief of Staff of the Office of National Drug Control 
Policy;
    (o) Officers and employees of the Department of Energy authorized 
to carry firearms in the performance of investigative, inspection, 
protective or law enforcement functions;
    (p) Officers and employees of the U.S. Environmental Protection 
Agency assigned to perform or to assist in performing investigative, 
inspection or law enforcement functions;
    (q) Biologists and technicians of the U.S. Fish and Wildlife 
Service who are participating in sea lamprey control operations;
    (r) Uniformed and nonuniformed special police of the General 
Services Administration; and officers and employees of the General 
Services Administration assigned to inspect property in the process of 
its acquisition by or on behalf of the U.S. Government;
    (s) Special Agents of the Security Office of the U.S. Information 
Agency;
    (t) Employees of the regional, subregional and resident offices of 
the National Labor Relations Board assigned to perform investigative 
and hearing functions or to supervise the performance of such 
functions; and auditors and Security Specialists of the Division of 
Administration of the National Labor Relations Board;
    (u) Officers and employees of the U.S. Nuclear Regulatory 
Commission:
    (1) assigned to perform or to assist in performing investigative, 
inspection or law enforcement functions or
    (2) engaged in activities related to the review of license 
applications and license amendments;
    (v) Investigators employed by the U.S. Office of Personnel 
Management;
    (w) Attorneys, accountants, investigators and other employees of 
the U.S. Securities and Exchange Commission assigned to perform or to 
assist in performing investigative, inspection or other law enforcement 
functions;
    (x) Employees of the Social Security Administration assigned to 
Administration field offices, hearing offices and field assessment 
offices;
    (y) Officers and employees of the Tennessee Valley Authority 
authorized by the Tennessee Valley Authority Board of Directors to 
carry firearms in the performance of investigative, inspection, 
protective or law enforcement functions;
    (z) Officers and employees of the Federal Aviation Administration, 
the Federal Highway Administration, the National Highway Traffic Safety 
Administration, the Research and Special Programs Administration and 
the Saint Lawrence Seaway Development Corporation of the U.S. 
Department of Transportation who are assigned to perform or assist in 
performing investigative, inspection or law enforcement functions;
    (aa) Federal administrative law judges appointed pursuant to 5 
U.S.C. 3105; and
    (bb) Employees of the Office of Workers' Compensation Programs of 
the Department of Labor who adjudicate and administer claims under the 
Federal Employees' Compensation Act, the Longshore and Harbor Workers' 
Compensation Act and its extension, or the Black Lung Benefits Act.

    Dated: May 7, 1994.
Janet Reno,
Attorney General.
[FR Doc. 94-12082 Filed 5-17-94; 8:45 am]
BILLING CODE 4410-01-M