[Congressional Record Volume 158, Number 121 (Tuesday, September 11, 2012)]
[House]
[Pages H5791-H5793]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LOCAL COURTHOUSE SAFETY ACT OF 2012
Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 6185) to improve security at State and local
courthouses, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6185
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Courthouse Safety Act
of 2012''.
SEC. 2. SECURITY TRAINING.
Part D of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3741 et seq.) is amended by
adding at the end the following:
``SEC. 403. PREVENTING VIOLENCE AGAINST LAW ENFORCEMENT AND
ENSURING OFFICER RESILIENCE AND SURVIVABILITY.
``The Director may carry out a training and technical
assistance program designed to teach employees of State,
local, and tribal law enforcement agencies how to anticipate,
survive, and respond to violent encounters during the course
of their duties, including duties relating to security at
State, county, and tribal courthouses. If the Director offers
a training program specifically designed to train
participants on courthouse security issues, preference for
admission into such program shall be given to employees of
jurisdictions that have magnetometers available for use at
their courthouses.''.
SEC. 3. STATE JUSTICE INSTITUTE.
The State Justice Institute Act of 1984 is amended--
(1) in section 203(b)(1) (42 U.S.C. 10702(b)(1)), in the
matter preceding subparagraph (A), by inserting ``, safe,''
after ``a fair''; and
(2) in section 206 (42 U.S.C. 10705)--
(A) in subsection (c)--
(i) in paragraph (14)--
(I) by inserting ``to'' before ``conduct''; and
(II) by striking ``and'' at the end;
(ii) by redesignating paragraph (15) as paragraph (16); and
(iii) by inserting after paragraph (14) the following:
``(15) to improve the safety and security of State and
local courts; and''; and
(B) by adding at the end the following:
``(g) Magnetometers.--In the case of a grant awarded under
this section to be used as described in subsection (c)(15),
if the State or local court applying for the grant does not
have magnetometers available for use, not less than $300 nor
more than $1,000 of the matching fund required under
subsection (d) of the State or local court shall be used to
acquire a magnetometer.''.
SEC. 4. SECURITY EQUIPMENT.
(a) In General.--Subchapter III of chapter 5 of title 40,
United States Code, is amended by adding after section 559
the following:
``Sec. 560. Surplus security equipment for State and local
courts
``(a) Definitions.--In this section--
``(1) the term `surplus security equipment' means surplus
property that is used to detect weapons, including metal
detectors, wands, and baggage screening devices; and
``(2) the term `qualifying State or local courthouse' means
a courthouse of a State or local government that has less
security equipment than the security needs of the courthouse
require.
``(b) Disposal of Surplus Security Equipment.--
``(1) In general.--Notwithstanding any other provision of
this subchapter, the Administrator of General Services shall
ensure that a qualifying State or local courthouse has an
opportunity to request to receive surplus security equipment
for use at the qualifying State or local courthouse before
the surplus security equipment is made available to any other
individual or entity under this subchapter.
``(2) Disposal.--
``(A) In general.--Subject to subparagraph (B), upon
request by a qualifying State or local courthouse for surplus
security equipment for use at the qualifying State or local
courthouse, the surplus security equipment shall be made
available to the qualifying State or local courthouse without
cost, except for any costs of shipping, handling, and
maintenance.
``(B) Multiple requests.--If more than 1 qualifying State
or local courthouse requests a particular piece of surplus
security equipment, the surplus security equipment shall be
distributed based on need, as determined by the Administrator
of General Services, with priority given to a qualifying
State or local courthouse that has no security equipment.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 5 of title 40, United States Code, is
amended by inserting after the item relating to section 559
the following:
[[Page H5792]]
``560. Surplus security equipment for State and local courts.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Smith) and the gentleman from Virginia (Mr. Scott) each will
control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous materials on H.R. 6185, as
amended, currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, first of all, I would like to thank our Judiciary
Committee colleague, Mrs. Adams of Florida, for her work on this issue
to make America's courthouses safer. This bipartisan, bicameral bill
passed the Senate Judiciary Committee by unanimous consent last May.
{time} 1510
Before I yield to her, I do want to urge my colleagues to support
this bill and thank Mrs. Adams again for all of her work that brought
us to this point we are here today.
Mr. Speaker, I'd like to thank my Judiciary Committee colleague, Mrs.
Adams of Florida, for her work on this issue to make America's
courthouses safer. This bipartisan, bicameral bill passed the Senate
Judiciary Committee by unanimous consent last May.
State and local courthouses are the workplace for many people.
Judges, secretaries, custodians, clerks and attorneys are there every
workday. Police officers, litigants and the public go to these
courthouses for many reasons. Many of us are called upon to report
there for jury duty.
Often in these courthouses, the stakes, and emotions, are high when
defendants confront their accusers and victims confront there
perpetrators.
Threats against judges and acts of violence in courthouses and
courtrooms are occurring throughout the country with greater frequency
than ever before. The number of threats and violent incidents that
target the judiciary has increased dramatically in recent years.
At the federal level, the U.S. Marshals Service's Center for Judicial
Security reports the number of judicial threat investigations has more
than doubled to over 1,200 in the past nine years. At the state and
local levels, data collected by the Center for Judicial and Executive
Security shows that the number of violent incidents in state
courthouses has gone up every decade since 1970.
Since 2010, there has been about one shooting per month at local
courthouses across the country. In September 2011, for example a
defendant opened fire in the Crawford County Courthouse in Arkansas,
killing a judge's secretary.
In December 2011, a defendant retrieved a gun from his car, walked
into the Cook County Courthouse in Minnesota and shot the prosecuting
attorney, a witness and the bailiff.
So far in 2012, there have been at least five courthouse shootings,
including a fatal attack in my home State of Texas.
Security at many local courthouses is lax, particularly in rural and
suburban areas where access to equipment, training and resources is
especially scarce. Law enforcement officers, court personnel and
members of our communities are in harm's way as a result.
One Minnesota judge put it well in a recent correspondence to his
colleagues: ``I'm no longer willing to risk my life, the life of court
staff, [and] the life of the public who have no choice about going to
court.''
This bill accomplishes three objectives. First, the bill gives State
and local courthouses direct access to security equipment that the
Federal Government no longer uses.
This provision is modeled after a Defense Department program that
allows the Pentagon to give its excess equipment to local police and
firefighters. This legislation gives State and local authorities access
to excess metal detectors, wands and baggage screening machines.
Second, this bill gives States the flexibility they need to make
courthouse security improvements, but requires modest matching funds.
The bill does not require any new spending and it does not impose any
new mandates. States can use existing federal resources for courthouse
security upgrades if they so choose.
Lastly, through existing programs and funding authorizations,
training and technical assistance will be provided to local law
enforcement officers to teach them how to anticipate and survive
violent encounters.
The identical Senate bill has broad bipartisan support and its ten
co-sponsors come from both sides of the aisle.
This bill has been endorsed by six organizations, including: the
National Sheriffs Association, the National Association for Court
Management, the Conference of Chief Justices, the Conference of State
Court Administrators, the American Judges Association and the National
Court Reporters Association.
The Congressional Budget Office scored this bill at zero cost.
This bill is a cost-effective approach to provide safety training and
technical assistance to local law enforcement agencies. It improves
security at State and local government courthouses, which are most in
need of basic safety equipment and training.
Our State and local law enforcement officers need support to ensure
the security of our courthouses. This bill does that as it recycles
excess Federal security equipment and protects Americans at the same
time.
I again thank Mrs. Adams for her work on this issue and I urge my
colleagues to support this bipartisan, bicameral bill.
House of Representatives, Committee on Oversight and
Government Reform,
Washington, DC, September 10, 2012.
Hon. Lamar Smith,
House of Representatives,
Washington, DC.
Mr. Chairman: On August 1, 2012, the Committee on the
Judiciary ordered H.R. 6185, the ``Local Courthouse Safety
Act of 2012,'' reported to the House. Thank you for
consulting with the Committee on Oversight and Government
Reform with regard to H.R. 6185 on those matters within the
Committee's jurisdiction. I am writing to confirm our mutual
understanding with respect to the consideration of H.R. 6185.
In the interest of expediting the House's consideration of
H.R. 6185, I will forego consideration of the bill. However,
I do so only with the understanding that this procedural
route will not be construed to prejudice the Committee on
Oversight and Government Reform's jurisdictional interest and
prerogatives on this bill or any other similar legislation
and will not be considered as precedent for consideration of
matters of jurisdictional interest to my Committee in the
future.
I respectfully request your support for the appointment of
outside conferees from the Committee on Oversight and
Government Reform should this bill or a similar bill be
considered in a conference with the Senate. I also request
that you include our exchange of letters on this matter in
the Committee Report on H.R. 6185 and in the Congressional
Record during consideration of this bill on the House floor.
Thank you for your attention to these matters.
Sincerely,
Darrell Issa,
Chairman.
____
House of Representatives,
Committee on the Judiciary,
Washington, DC, September 10, 2012.
Hon. Darrell Issa,
Rayburn House Office Building,
Washington, DC.
Dear Chairman Issa: Thank you for your letter of even date
herewith regarding H.R. 6185, the ``Local Courthouse Safety
Act of 2012,'' which the Judiciary Committee reported
favorably to the House, as amended, today.
I am most appreciative of your decision to forego
consideration of H.R. 6185, as amended, so that it may move
expeditiously to the House floor. I acknowledge that although
you are waiving formal consideration of the bill, the
Committee on Oversight and Government Reform is in no way
waiving its jurisdiction over the subject matter contained in
the bill. In addition, if a conference is necessary on this
legislation, I will support any request that your committee
be represented therein.
Finally, I shall be pleased to include your letter and this
letter in the Congressional Record during floor consideration
of H.R. 6185.
Sincerely,
Lamar Smith,
Chairman.
Mr. SMITH of Texas. I yield such time as she may consume to the
gentlewoman from Florida (Mrs. Adams).
Mrs. ADAMS. I rise today in support of H.R. 6185, the Local
Courthouse Safety Act of 2012, because it will give local courthouses
the resources to enhance their security, and to do so at no cost to the
Federal taxpayer. My bill would allow for surplus metal detectors to be
provided to local courthouses to enhance security.
Like other regions throughout our Nation, central Florida has seen
its share of courthouse attacks. Shortly before I joined the Orange
County Sheriff's Office as a deputy sheriff, a courthouse shooting
occurred. An armed gunman by the name of Thomas Provenzano walked into
the Orange County Courthouse with a 12-gauge shotgun, an assault rifle,
and a .38 revolver, all loaded with live ammunition. Bailiff William
Wilkerson, a 60-
[[Page H5793]]
year-old veteran who retired from the Navy as a lieutenant commander,
was killed on that day. Bailiff Harry Dalton, a 53-year-old father of
six, was shot in the face and left paralyzed from the shooting. He died
7 years later. Correctional Officer Mark Parker was only 19 years old
at the time of the shooting. He survived the shooting but was paralyzed
from the shoulders down and had to spend the rest of his life confined
to a wheelchair.
I introduced the Local Courthouse Safety Act because the things this
bill does are important to me and to most Americans. I know the
families of Bailiff Dalton and Bailiff Wilkerson, who lost their lives
as a result of the violence that day in the Orange County Courthouse,
and remained friends with Officer Parker until he passed away a few
years ago. I am deeply aware of the grief they've had to live with all
of these years.
Since September of 2010, there has been about one shooting per month
at a local courthouse. So even though the shooting in Orange County
happened 30 years ago, courthouse shootings are still happening all
over this country and innocent people are still dying.
Those who are exercising their constitutional right of seeking
justice in our courtrooms should not have to fear for their safety, and
neither should our law enforcement officers, judges, advocates, and
court personnel. It is my hope that this bill will help to prevent
horrific and senseless incidents of violence like this from happening
in our local courthouses.
I want to thank my colleagues on the Judiciary Committee for
recognizing that we need to take courthouse security seriously and for
joining me in this bipartisan effort to help prevent violence in local
courthouses across this country. We need to give sheriffs and local
courthouses access to the training, equipment, and resources they need
to improve security, so I urge support for the bill.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 6185, the Local Courthouse
Safety Act. This measure will provide critical assistance to State and
local governments to provide courthouse security.
To begin with, many State and local courthouses face serious security
challenges. Serious violence often occurs in these facilities, but many
courthouses across the Nation still lack basic security protections
such as metal detectors. H.R. 6185 responds to this critical problem by
giving sheriffs, as well as State and local courthouses, access to
training, equipment, and other resources to help them improve security.
H.R. 6185 accomplishes these goals by making use of existing
resources. This legislation requires the General Services
Administration to make available to State and local courts--at no cost,
except for shipping, handling, and maintenance--surplus security
equipment that is used to detect weapons, such as metal detectors,
wands, and baggage screening devices. To qualify to receive such
security equipment, a State or local courthouse must have less security
equipment than necessary to meet the security needs of that courthouse.
Because these devices are surplus and not otherwise being utilized by
any Federal agencies, it is a wise use of taxpayer money to allow this
equipment to be put into service at the State and local level.
Another important aspect of the bill is that it expands the scope of
the grants awarded by the State Justice Institute to include the
improvement of the safety and security of State and local courts. As a
result, H.R. 6185 strengthens the Institute's current authority to
award grants to support education, training, and technical assistance
projects to improve the administration of justice in the State courts.
This measure addresses, in a meaningful way, the serious security
challenges that State and local courthouses face.
Not surprisingly, H.R. 6185 enjoys a broad range of support,
including the National Sheriffs' Association, the National Association
for Court Management, the Conference of Chief Justices, the Conference
of State Court Administrators, American Judges Association, the
National Court Reporters Association, and the Center for Judicial and
Executive Security.
I commend my colleague, the gentlelady from Florida (Mrs. Adams) for
her work in developing the bill, and I urge my colleagues to support
the legislation.
I yield back the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, we have no further requests for
time, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Smith) that the House suspend the rules and
pass the bill, H.R. 6185, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________