The Commission recommends to the Congress that it adopt legislation which would:
Punish the murder or manslaughter of, attempt or conspiracy to murder, kidnaping of and assault upon
the President, Vice President, or other officer next in the order of succession to the Office of President, the President-elect and the Vice-President-elect,
whether or not the act is committed while the victim is in the performance of his official duties or on account of such performance.
Such a statute would cover the President and Vice President or, in the absence of a Vice President, the person next in order of succession. During the period between election and inauguration, the President-elect and Vice-President-elect would also be covered. Restricting the coverage in this way would avoid unnecessary controversy over the inclusion or exclusion of other officials who are in the order of succession or who hold important governmental posts. In addition, the restriction would probably eliminate a need for the requirement which has been urged as necessary for the exercise of Federal power, that the hostile act occur while the victim is engaged in or because of the performance of official duties.[C8-222] The governmental consequences of assassination of one of the specified officials give the United States ample power to act for its own protection.[C8-223] The activities of the victim at the time an assassination occurs and the motive for the assassination bear no relationship to the injury to the United States which follows from the act. This point was ably made in the 1902 debate by Senator George F. Hoar, the sponsor of the Senate bill:
* * * what this bill means to punish is the crime of interruption of the Government of the United States and the destruction of its security by striking down the life of the person who is actually in the exercise of the executive power, or of such persons as have been constitutionally and lawfully provided to succeed thereto in case of a vacancy. It is important to this country that the interruption shall not take place for an hour * * *[C8-224]
Enactment of this statute would mean that the investigation of any of the acts covered and of the possibility of a further attempt would be conducted by Federal law enforcement officials, in particular, the FBI with the assistance of the Secret Service.[C8-225] At present, Federal agencies participate only upon the sufferance of the local authorities. While the police work of the Dallas authorities in the early identification and apprehension of Oswald was both efficient and prompt, FBI Director J. Edgar Hoover, who strongly supports such legislation, testified that the absence of clear Federal jurisdiction over the assassination of President Kennedy led to embarrassment and confusion in the subsequent investigation by Federal and local authorities.[C8-226] In addition, the proposed legislation will insure that any suspects who are arrested will be Federal prisoners, subject to Federal protection from vigilante justice and other threats.[C8-227]
Committee of Cabinet Officers
As our Government has become more complex, agencies other than the Secret Service have become involved in phases of the overall problem of protecting our national leaders. The FBI is the major domestic investigating agency of the United States, while the CIA has the primary responsibility for collecting intelligence overseas to supplement information acquired by the Department of State. The Secret Service must rely in large part upon the investigating capacity and experience of these and other agencies for much of its information regarding possible dangers to the President. The Commission believes that it is necessary to improve the cooperation among these agencies and to emphasize that the task of Presidential protection is one of broad national concern.
The Commission suggests that consideration might be given to assigning to a Cabinet-level committee or the National Security Council (which is responsible for advising the President respecting the coordination of departmental policies relating to the national security)[C8-228] the responsibility to review and oversee the protective activities of the Secret Service and the other Federal agencies that assist in safeguarding the President. The Committee should include the Secretary of the Treasury and the Attorney General, and, if the Council is used, arrangements should be made for the attendance of the Secretary of the Treasury and the Attorney General at any meetings which are concerned with Presidential protection.[C8-229] The Council already includes, in addition to the President and Vice President, the Secretaries of State and Defense and has a competent staff.
The foremost assignment of the Committee would be to insure that the maximum resources of the Federal Government are fully engaged in the job of protecting the President, by defining responsibilities clearly and overseeing their execution. Major needs of personnel or other resources might be met more easily on its recommendation than they have been in the past.
The Committee would be able to provide guidance in defining the general nature of domestic and foreign dangers to Presidential security. As improvements are recommended for the advance detection of potential threats to the President, it could act as a final review board. The expert assistance and resources which it could draw upon would be particularly desirable in this complex and sensitive area.