Section 3016.

offer and pay rewards, and perform any other law enforcement duty designated by the Attorney General. These provisions are similar to those for other agencies covered by this subchapter.

The authority of United States marshals to carry firearms and make arrests without a warrant is presently provided for in 18 U.S.C. 3053. Paragraphs (a) (1) and (a) (3) of section 3015 follow 18 U.S.C..3053 without substantive change. Paragraph (a) (2) authorizes marshals to "execute an order, warrant, subpoena, or other process issued under authority of the United States." Marshals are presently authorized to "execute all lawful writs, process and orders issued under authority of the United States." 10 Additionally, the current Federal Rules of Criminal Procedure authorize marshals to execute or serve warrants or summonses for the government and for criminal defendants.1 Section 3015 generally follows these current law provisions without substantive change, though the statement of the authority conforms to that employed elsewhere in the subchapter.

11

United States marshals are not presently authorized to offer and pay rewards. Generally, marshals do not investigate the commission of offenses. Thus, there is no necessity for them to offer rewards for assistance in detecting and investigating the commission of offenses. However, they do engage in the apprehension of offenders and reward authority, for this purpose, is, in the Committee's view, amply justified. Paragraph (a) (4) thus places United States marshals upon the same footing as other law enforcement agents with respect to the authority to make and offer rewards for this limited purpose.

Subsection (b) requires marshals to provide for the safe-keeping of a person who is arrested, held pending commitment to an official detention facility, removed from a Federal official detention facility to comply with an order or writ issued from a court of competent jurisdiction, or held under an order of transfer to a community facility for care and treatment.

Paragraphs (b)(1) and (b) (2) of section 3015 are derived from 18 U.S.C. 4086, which provides that United States marshals shall provide for the safe-keeping of any person arrested, or held under authority of any enactment of Congress pending commitment to an institution. Paragraphs (b) (3) and (b)(4) are included to make it clear that safe-keeping of prisoners by the marshal is to include the release of a prisoner under a subpoena to testify or upon a writ of habeas corpus, or the transfer of a prisoner to a community facility for care and treatment.

SECTION 3016. FEDERAL PROBATION SERVICE

Section 3016 sets forth the authority of officers of the Federal Probation Service to make an arrest of a probationer or parolee, and for the removal of a probationer or a parolee from the district of arrest to the district having supervisory jurisdiction over such persons.

Subsection (a) authorizes an officer of the Federal Probation Service to carry a firearm pursuant to regulations issued by the Administrative Office of the United States Courts. Although no such statutory authority exists at present, the Committee has been informed

10 See 28 U.S.C. 569.

11 See Fed. R. Crim. P. 4(c)(1), 9(c), 17(d), and 41 (c), which are carried forward in this bill as rules 4(e), 9 (c), 17(e), and 41 (c).

Section 3017.

that occasionally district courts have authorized probation officers to carry firearms for their protection when entering dangerous areas. The Committee agrees that in some situations probation officers should. be permitted to carry firearms. This subsection grants that authority subject to the direction of the Administrative Office of the United States Courts by means of regulation.

Subsection (b) authorizes a probation officer to execute a warrant for arrest of a probationer or a parolee in the district in which he was appointed or in any district if the warrant was issued in the district. of his appointment.

Subsection (c) authorizes the officer to arrest without a warrant a probationer or parolee in his district of appointment when he has reasonable grounds to believe that the person arrested has violated a condition of his probation or parole.

A probation officer may presently arrest a probationer without a warrant for cause.12 Current law, however, does not specifically authorize a probation officer to arrest a parolee.13 While this is a substantive change in the authority extended to probation officers, the change is of little practical significance. Under the provisions of 18 U.S.Č. 3655, a probation officer is charged with the performance of such duties with respect to persons on parole as the Attorney General shall request.14

Current law under 18 U.S.C. 3653 authorizes arrest of a probationer without a warrant "for cause." Section 3016 substitutes reasonable belief "that the person to be arrested has violated a condition of his probation or parole." Except for the addition of parolees, subsection (b) is taken without substantive change from 18 U.S.C. 3653.

SECTION 3017. BUREAU OF PRISONS

Section 3017 empowers officers or employees of the Bureau of Prisons or of the Parole Commission, subject to the direction of the Attorney General, to carry a firearm, make an arrest without a warrant in the case of certain offenses, and without fee to administer an oath and take an acknowledgement of an officer, employee, or inmate of a Federal detention facility.

Employees of the Bureau of Prisons are currently authorized to carry arms,15 and section 3017 would extend this power to employees. of the Parole Commission who occasionally face situations where the carrying of a firearm is advisable.

The power of employees of the Bureau of Prisons to make arrest without a warrant is extended under subsection (b) to those offenses likely to occur in a prison setting section 1313 dealing with escape, section 1314 dealing with contraband, and sections 1831 through 1833 dealing with riots. Current law authorizes arrest without a warrant for similar offenses.16

Subsection (c) on administering oaths continues without substantive change the provisions of 18 U.S.C. 4004.

12 18 U.S.C. 3653.

13 It does, however, authorize an officer of a Federal correctional facility, as well as any Federal officer authorized to issue process, to execute a warrant of arrest for a parole violator. 18 T.S.C. 4206.

14 See 28 C.F.R. 2.25. which directs that the probation officers "function as parole officers and provide supervision to parolees . . . under the Board's jurisdiction."

15 See 18 T.S. C. 3050.

16 18 U.S.C. 751 and 752. concerning escape; 18 U.S.C. 1791, concerning escape; 18 U.S.C. 1792. concerning contraband.

SECTION 3018. IMMIGRATION AND NATURALIZATION SERVICE

Section 3018 authorizes an officer or employee of the Immigration and Naturalization Service to make an arrest for an offense described in subchapter B of chapter 12 (Offenses Involving Immigration, Naturalization, and Passports) with a warrant, or without a warrant if the offense is committed in his presence or if the offense is a felony and the arresting officer has reasonable grounds to believe that the person to be arrested has committed or is committing the felony.

Current law gives officers and employees of the Immigration and Naturalization Service designated by the Attorney General authority to arrest for violations of offenses now covered in sections 1212 (Smug-. gling an Alien into the United States) and 1213 (Hindering Discovery of an Alien Unlawfully in the United States), and to arrest for felonies under the laws of the United States regulating the admission, exclusion, or expulsion of aliens, if the arresting officer has reason to believe the person arrested is guilty of the felony and there is a likelihood that the person will escape before a warrant can be obtained for his arrest.18

Section 3018 combines and expands the two existing provisions to provide for arrest with a warrant for all offenses under the title 18 provisions relating to immigration, naturalization, and passports, arrest without a warrant for offenses under those provisions committed in the officer's presence, and arrest without a warrant for a felony under those provisions if there is reasonable grounds to believe the person has committed or is committing a felony. Most of 8 U.S.C. 1357 has been retained in title 8 as it applies to such matters as arrests for deportation purposes not necessarily connected with criminal prosecu

tions.

17 8 U.S.C. 1324 (b).

18 8 U.S.C. 1357 (a) (4).

CHAPTER 31.-ANCILLARY INVESTIGATIVE AUTHORITY

Chapter 31 contains four subchapters. Subchapter A sets forth the circumstances and procedures for the interception of private oral communications. Subchapter B concerns the granting of immunity to witnesses appearing in an official proceeding before a court or grand jury of the United States, any agency of the United States, or before Congress or either House of Congress. Subchapter C authorizes the Attorney General to provide for the protection of government witnesses and their immediate families where it is likely that such witnesses may be the subject of retaliation because of their giving testimony. Subchapter D authorizes the Attorney General to pay an amount, not exceeding $100,000, as a reward for the capture of, or for information leading to the arrest or conviction of, a person charged with a Federal or State offense. For the most part, the subchapters within chapter 31 closely adhere to the similar procedural sections in current law.

SUBCHAPTER A.-INTERCEPTION OF COMMUNICATIONS

(Sections 3101-3109)

1

This subchapter restates the procedural requirements for governmental interception of private oral communications now set forth in 18 U.S.C. 2510 and 2515-2520. This is done with few substantive changes from current law, and with a purpose of simplifying the language of the provisions now in effect.

1. Present Federal Law

The existing procedural requirements were enacted as title III of the Omnibus Crime Control and Safe Streets Act of 1968. A principal purpose of title III was to prohibit all wiretapping and electronic surveillance by persons other than duly authorized law enforcement officers engaged in the investigation of specified types of major crimes. Apart from the national security disclaimer now contained in 18 U.S.C. 2511(3), utilization of wiretapping and electronic surveillance by the Federal government under that Act required authori

3

1 This subchapter covers procedural matters only; offenses involving private communication are set forth in subchapter C of chapter 15. 2 P.L. 90-351, 82 Stat. 197.

3 See 18 U.S.C. 2511-2514. Exceptions also were written into the law to protect employees of communications facilities and personnel of the Federal Communications Commission in the normal course of their employment and to exempt eavesdropping with the consent of a party to the conversation. 18 U.S.C. 2511 (c) and (d).