[Congressional Record Volume 158, Number 127 (Wednesday, September 19, 2012)]
[Senate]
[Pages S6427-S6428]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REQUEST FOR CONSULTATION
Mr. COBURN. Mr. President, I ask unanimous consent that my letter to
Senator McConnell dated September 19, 2012, be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Committee on the Judiciary,
Washington, DC, Sept. 19, 2012.
Hon. Mitch McConnell,
Senate Minority Leader,
Washington, DC.
Dear Senator McConnell: I am requesting I be consulted
before the Senate enters into any unanimous consent
agreements or time limitations regarding the Local Courthouse
Safety Act of 2012, S. 2076.
[[Page S6428]]
While I support the motive behind this legislation and
believe ensuring the safety of state and local courthouses is
a noble goal, I believe the responsibility to address this
issue lies with the state and local governments. I do not
believe the federal government has the authority under the
Constitution to provide training for local and state law
enforcement or to provide security equipment to state and
local courthouses at the federal government's expense.
Further, I believe the training program this bill authorizes
duplicates existing federal training programs.
First, S. 2076 authorizes the Director of the State Justice
Institute (SJI) to carry out ``a training and technical
assistance program designed to teach employees of State,
local, and tribal law enforcement agencies how to anticipate
and respond to violent encounters during the course of their
duties, including duties relating to security at State,
county, and trial courthouses.'' The purpose of SJI is to
further the development and adoption of improved judicial
administration in state courts in the United States, which is
not a federal responsibility under the Constitution. States
are responsible for the administration of their courts.
Adding an additional allowable purpose to SJI merely broadens
the unconstitutional reach of this agency. Further, even
though S. 2076 does not provide any additional funding for
SJI the agency could use the authorization of additional
responsibilities as a basis for requesting future
appropriations from Congress.
Second, the SJI training program authorized in this bill
potentially duplicates existing federal training programs
available to state and local law enforcement. The following
programs already exist:
1. U.S. Marshal Service's National Center for Judicial
Security, Office of Protective Intelligence; Shares threat
information with state and local law enforcement agencies and
provides training to state and local law enforcement officers
who provide courthouse security. Also, provides guidance and
support to district offices and Judicial Security Inspectors
(JSIs) conducting high threat proceedings and protective
responses.
2. U.S. Marshal Service's National Center for Judicial
Security Fellowship Program; Provides a three-month training
program for state, local, and international ``court security
managers.''
3. FBI's Uniform Crime Reporting (UCR) division and Law
Enforcement Officers Killed and Assaulted (LEOKA) programs;
UCR and LEOKA collect data on law enforcement officers who
have been killed or assaulted in the line of duty. The FBI
then conducts LEOKA training programs for state and local law
enforcement personnel based on this data.
4. FBI's Law Enforcement Training for Safety and Survival
(LETSS) program; Trains FBI, police officers, and
international law enforcement personnel in survival
techniques.
5. FBI Field Police Training program; Includes firearm
training for state and local partners.
6. FBI's Law Enforcement Executive Development Association
program; Trains heads of state and local law enforcement
agencies with between 50 and 500 personnel.
7. Advanced Law Enforcement Rapid Response Training
(ALERRT) program; Trains officers in dealing with violent
situations, including those they face outside of buildings
and in urban settings. Includes core classes such as ``Basic
Active Shooter Level I and II,'' ``Terrorism Response
Tactics--Advanced Pistol,'' ``Combat Rifle,'' ``Combat
Pistol,'' ``Advanced Rifle Marksmanship,'' and ``DOD Sniped
Course.''
8. Community Oriented Policing Services programs (COPS);
9. Department of Homeland Security's Federal Law
Enforcement Training Center (FLETC) programs; and The
Survival Shooting Training Program (SSTP) under FLETC is an
eight and a half day training program that teaches law
enforcement officers (LEOs) ``how to employ several types of
weapon systems found in most police arsenals (the service
handgun, shotgun, submachine gun and rifle). The LEOs will
develop marksmanship skills as well as all pertinent gun
handling skills (drawing from the holster, reloads, immediate
action, movement and more) at a rapid yet controlled pace.
Ultimately, the SSTP prepares the LEOs to survive a deadly
force confrontation through competent decision making and
confident gun handling skills.'' The Reactive Shooting
Instructor Training Program (RSITP) under FLETC trains law
enforcement instructors in handling their firearms to survive
high-stress situations.
10. Bureau of Alcohol, Tobacco, and Firearms' National
Firearms Examiner Academy programs. The training program
includes training that enables state and local law
enforcement officers to identify armed gunmen and increase
their ``margin of safety.''
Finally, this bill gives state and local courthouses
priority in obtaining excess federal security equipment for
free from the Government Services Administration after a
short request period is given to federal agencies. The
courthouse would only pay the costs of transporting the
equipment. Equipment purchased by the federal government--and
thereby the American taxpayer--should be utilized by the
federal government if at all possible. If not, federal
agencies may have to purchase equipment they otherwise could
have obtained for free but for the state and local
governments taking it. Also, giving states and localities the
ability to obtain this equipment for free may lead to
situations where they acquire the equipment simply because it
is free, not because they truly need it.
Article I, Section 8 of the Constitution enumerates the
limited powers of Congress, and nowhere are we tasked with
funding or becoming involved with state and local court
security. I firmly believe this issue is the responsibility
of the states and not the federal government. However, if
Congress does act in this area, we should evaluate current
programs, determine any needs that may exist, and prioritize
those needs for funding by cutting from the federal budget
programs fraught with waste, fraud, abuse, and duplication.
Congress must start making tough decisions rather than
continuing to kick the can down the road, leaving our
children and grandchildren to clean up the mess. It is
irresponsible for Congress to jeopardize the future standard
of living of our children by borrowing from future
generations. The U.S. national debt is now over $16 trillion.
That means over $50,000 in debt for each man, woman and child
in the United States. A year ago, the national debt was $14.3
trillion. Despite pledges to control spending, Washington
adds billions to the national debt every single day. In just
one year, our national debt has grown by $1.7 trillion or
11.8%. We cannot continue to support federal funding for
programs and initiatives that are not federal
responsibilities as dictated by our Constitution. Otherwise,
we will never get our fiscal house in order.
Sincerely,
Tom A. Coburn, M.D.,
U.S. Senator.
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