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106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-931

======================================================================



 
                 THE SUPREME COURT SECURITY ACT OF 2000

                                _______
                                

October 4, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5136]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 5136) to make permanent the authority of the Marshal 
of the Supreme Court and the Supreme Court Police to provide 
security beyond the Supreme Court building and grounds, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                           TABLE OF CONTENTS

                                                                  

                                                                 Page
Purpose and Summary........................................           1
Background and Need for the Legislation....................           2
Committee Consideration....................................           2
Vote of the Committee......................................           2
Committee Oversight Findings...............................           3
Committee on Government Reform Findings....................           3
New Budget Authority and Tax Expenditures..................           3
Congressional Budget Office Cost Estimate..................           3
Constitutional Authority Statement.........................           4
Section-by-Section Analysis and Discussion.................           4
Agency Views...............................................           4
Changes in Existing Law Made by the Bill, as Reported......           5

                          Purpose and Summary

    H.R. 5136 would make permanent the current temporary 
statutory authority of the Marshal of the Supreme Court and the 
Supreme Court Police to provide security beyond the Supreme 
Court building and its grounds to Supreme Court Justices, Court 
personnel, and official guests of the Court. The current 
authority to provide this security will terminate on December 
29, 2000. H.R. 5136 would also eliminate the Court's annual 
reporting requirement to Congress detailing the administrative 
cost associated with providing off-grounds security. This cost 
has been very modest in the past and is fully detailed each 
year in the Court's annual budget request to Congress. Finally, 
H.R. 5136 would repeal the ministerial requirement that the 
Chief Justice authorize in writing armed protection for 
official guests of the Supreme Court when they are traveling in 
the United States outside the Washington, D.C. metropolitan 
area.

                Background and Need for the Legislation

    The Supreme Court Police is charged with enforcing the law 
at the Supreme Court building and its grounds as well as 
protecting Justices and other Court employees on and off its 
grounds.\1\ Since 1982, Congress has provided statutory 
authority for the Supreme Court Police to provide security 
beyond the Court building and grounds for Justices, Court 
employees, and official visitors of the Court. This same 
authority requires that the Supreme Court annually report to 
Congress on the cost of such security. Since 1986, Congress has 
extended this off-grounds authority to provide security four 
times, but the current authority will sunset on December 29, 
2000.
---------------------------------------------------------------------------
    \1\ 40 U.S.C. Sec. 13 et. seq.
---------------------------------------------------------------------------
    The current authority and jurisdiction of the Supreme Court 
Police are essential to the force's performance of its everyday 
duties. Supreme Court Police regularly provide security to 
Justices by transporting and accompanying them to official 
functions in the Washington, D.C., metropolitan area, and 
occasionally outside it when they, or official guests of the 
Court, are traveling on Court business. Some Justices, because 
of threats to their personal safety, are driven by the police 
to and from their homes and the Court every day. Additionally, 
the police protect Court employees going to and from its 
parking lot, which is located one-half block east of the 
Supreme Court building and off the grounds of the Court.
    The committee believes that the Supreme Court Police should 
continue to provide off-ground security to protect the 
Justices, other Court personnel and the Court's official 
guests. Given the fact that the Court's police force is well 
trained and has an excellent performance record, it is 
appropriate that this authority be made permanent at this time.

                        Committee Consideration

    On September 20, 2000, the Committee on the Judiciary met 
in open session and ordered reported favorably the bill H.R. 
5136 by voice vote, a quorum being present.

                         Vote of the Committee

    No recorded votes on the bill, H.R. 5136, were taken in the 
committee.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the committee reports that the 
findings and recommendations of the committee, based in 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                Committee on Government Reform Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 3(c)(4) of rule XIII of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the committee sets forth, with 
respect to the bill H.R. 5136, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 28, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5136, a bill to 
make permanent the authority of the Marshal of the Supreme 
Court and the Supreme Court Police to provide security beyond 
the Supreme Court building and grounds.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
Keith, who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers Jr.
        Ranking Democratic Member
H.R. 5136--A bill to make permanent the authority of the Marshal of the 
        Supreme Court and the Supreme Court Police to provide security 
        beyond the Supreme Court building and grounds.
    H.R. 5136 would authorize the Marshal of the Supreme Court 
and the Supreme Court Police to provide security beyond the 
Supreme Court building and grounds for Justices, employees of 
the court, and official visitors. Based on information from the 
Supreme Court, CBO estimates that implementing H.R. 5136 would 
cost less than $10,000 a year over the five-year period to pay 
for personnel and transportation expenses, subject to the 
availability of appropriated funds.
    H.R. 5136 would have no effect on direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
H.R. 5136 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect state, local, or tribal governments.
    The CBO staff contact for this estimate is Lanette J. 
Keith, who can be reached at 226-2860. This estimate was 
approved by Robert A. Sunshine, Assistant Director for Budget 
Analysis.

                   Constitutional Authority Statement

    Pursuant to 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the committee finds the authority for this 
legislation in Article I, section 8, clause 18 of the 
Constitution.

               Section-by-Section Analysis and Discussion

Sec. 1. Making Permanent Certain Policing Authority.
    Section 1 repeals subsection (c) of 40 U.S.C. Sec. 13n, 
which provides that the authority of the Marshal of the Supreme 
Court and the Supreme Court Police to provide security beyond 
the Supreme building and grounds to Supreme Court Justices 
pursuant to 40 U.S.C. Sec. 13n(a)(2) will expire on December 
29, 2000. Additionally, repealing subsection (c) will also 
eliminate the requirement that the Marshal of the Supreme Court 
annually report to Congress regarding the administrative cost 
providing off-grounds security for Justices, other Court 
personnel, and official guests of the Court. Finally, this 
section would repeal the ministerial requirement that the Chief 
Justice of the United States or an Associate Justice of the 
Supreme Court authorize in writing armed protection for 
official guests of the Court when they are traveling in the 
United States but outside the Washington, D.C. metropolitan 
area.

                              Agency Views

                                   Supreme Court of
                                         the United States,
                                     Washington, DC, June 30, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Congressman Hyde: Since 1982, Congress has recognized 
the authority of the Supreme Court Police to provide security 
beyond the Court building and grounds for Justices, Court 
employees, and official visitors. The authority, codified at 40 
U.S.C. Sec. 13n, requires that the Supreme Court annually 
inform Congress of the cost of such security and contains a 
sunset clause. Last amended in 1996, this clause provides that 
the authority will automatically terminate on December 29, 
2000.
    As security concerns have not diminished, it is essential 
that the off-grounds authority of the Supreme Court Police be 
continued without interruption. Accordingly, I request your 
support for legislation to repeal the sunset provision, and to 
permanently authorize the off-grounds authority of the Supreme 
Court Police.
    If you have any questions or would like additional 
information, please contact Jane E. Petkofsky, Supreme Court 
Counsel, at 479-3282 or Marshal of the Court, Dale Bosley, at 
479-3333.
            Sincerely,
                       William H. Rehnquist, Chief Justice.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                SECTION 9 OF THE ACT OF AUGUST 18, 1949

CHAP. 479.--An Act relating to the policing of the building and grounds 
               of the Supreme Court of the United States.

    Sec. 9. (a) * * *
    (b) The Metropolitan police force of the District of 
Columbia [are hereby authorized] is authorized to make arrests 
within the Supreme Court Building and grounds for any 
violations of any such laws or regulations, but such authority 
shall not be construed as authorizing the Metropolitan Police 
force, except with the consent or upon the request of the 
Marshal of the Supreme Court or his assistants, to enter the 
Supreme Court Building to make arrests in response to 
complaints or to serve warrants or to patrol the Supreme Court 
Building or grounds.
    [(c) The authority created under subsection (a)(2) shall 
expire on December 29, 2000. The Marshal of the Supreme Court 
shall report annually to the Congress on March 1 regarding the 
administrative cost of carrying out his duties under such 
subsection. Duties under subsection (a)(2)(A) of this section 
with respect to an official guest of the Supreme Court in any 
part of the United States (other than the District of Columbia, 
Maryland, and Virginia) shall be authorized in writing by the 
Chief Justice of the United States or an Associate Justice of 
the Supreme Court, if such duties require the carrying of 
firearms under subsection (a)(5) of this section.]
    [(d)] (c) As used in this Act, the term--
            (1) ``official guest of the Supreme Court'' means 
        an individual who is a guest of the Supreme Court, as 
        determined by the Chief Justice of the United States or 
        any Associate Justice of the Supreme Court;
            (2) ``State'' means a State of the United States, 
        the District of Columbia, the Commonwealth of Puerto 
        Rico, and any territory or possession of the United 
        States; and
            (3) ``United States'', when used in a geographical 
        sense, means the several States, the District of 
        Columbia, the Commonwealth of Puerto Rico, and any 
        territory or possession of the United States.