[House Report 116-278]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-278
======================================================================
REAUTHORIZING SECURITY FOR SUPREME COURT JUSTICES ACT OF 2019
_______
November 8, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 4258]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 4258) to authorize the Marshal of the Supreme Court
and the Supreme Court Police to protect the Justices,
employees, and official guests of the Supreme Court outside of
the Supreme Court grounds, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
New Budget Authority and Tax Expenditures and Congressional
Budget Office Cost Estimate.................................... 2
Duplication of Federal Programs.................................. 2
Performance Goals and Objectives................................. 3
Advisory on Earmarks............................................. 3
Section-by-Section Analysis...................................... 3
Changes in Existing Law Made by the Bill, as Reported............ 3
Purpose and Summary
H.R. 4258 would permanently authorize the Marshal of the
Supreme Court and the Supreme Court Police to provide
protection for Justices, Supreme Court officers and employees,
and official guests outside the grounds of the Supreme Court
Building, both domestically and internationally.
Background and Need for the Legislation
Under current law, the Marshal of the Supreme Court and the
Supreme Court Police are authorized to provide protection only
in ``any state,'' and that authority expires at the end of this
year. Permanent authority will allow for long-term management
of protective activities and remove the threat of disruptions
and security gaps caused by having an authority that
periodically expires. In addition, the bill will provide parity
between the Supreme Court Police and the Capitol Police and
Secret Service, which both have permanent authority to protect
Senators, Members of the House leadership, and the President
both domestically and internationally instead of being limited
to protection in only ``any state.''
Hearings
The Committee held no hearings on H.R. 4258.
Committee Consideration
On October 16, 2019, the Committee met in open session and
ordered the bill, H.R. 4258, favorably reported, without
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that no
rollcall votes occurred during the Committee's consideration of
H.R. 4258.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
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.
New Budget Authority and Tax Expenditures and Congressional Budget
Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this Report from the
Director of the Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this
Report contains any new budget authority, spending authority,
credit authority, or an increase or decrease in revenues or tax
expenditures.
Duplication of Federal Programs
No provision of H.R. 4258 establishes or reauthorizes a
program of the federal government known to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
4258 would permanently authorize the Marshal of the Supreme
Court and the Supreme Court Police to provide protection for
Justices, Supreme Court officers and employees, and official
guests outside the grounds of the Supreme Court Building, both
domestically and internationally.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 4258 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section one establishes the title of
the legislation as the ``Reauthorizing Security for Supreme
Court Justices Act of 2019''.
Sec. 2. Protection authority of Marshal of the Supreme
Court and Supreme Court Police. Section two amends 40 U.S.C.
Sec. 6121 to give the Marshal and Supreme Court Police
authority to provide protection services in ``any location.''
Section two also amends 40 U.S.C. Sec. 6121 to make that
authority permanent.
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 italic, and existing law in which no
change is proposed is shown in roman):
TITLE 40, UNITED STATES CODE
* * * * * * *
SUBTITLE II--PUBLIC BUILDINGS AND WORKS
* * * * * * *
PART C--FEDERAL BUILDING COMPLEXES
* * * * * * *
CHAPTER 61--UNITED STATES SUPREME COURT BUILDING AND GROUNDS
* * * * * * *
SUBCHAPTER III--POLICING AUTHORITY
Sec. 6121. General
(a) Authority of Marshal of the Supreme Court and Supreme
Court Police.--In accordance with regulations prescribed by the
Marshal of the Supreme Court and approved by the Chief Justice
of the United States, the Marshal and the Supreme Court Police
shall have authority--
(1) to police the Supreme Court Building and grounds
and adjacent streets to protect individuals and
property;
(2) in [any State] any location, to protect--
(A) the Chief Justice, any Associate Justice
of the Supreme Court, and any official guest of
the Supreme Court; and
(B) any officer or employee of the Supreme
Court while that officer or employee is
performing official duties;
(3) while performing duties necessary to carry out
paragraph (1) or (2), to make arrests for any
[violation of federal or state law] violation of
Federal or State law and any [regulation under federal
or state law] regulation under Federal or State law;
and
(4) to carry firearms as may be required while
performing duties under section 6102 of this title,
this subchapter, and subchapter IV.
(b) [Additional Requirements Related to Subsection (a)(2).--
[(1) Authorization to carry firearms.--Duties under]
Authorization To Carry Firearms_Duties under
subsection (a)(2)(A) with respect to an official guest
of the Supreme Court in [any State] any location (other
than the District of Columbia, Maryland, and Virginia)
shall be authorized in writing by the Chief Justice or
an Associate Justice, if those duties require the
carrying of firearms under subsection (a)(4).
[(2) Termination of authority.--The authority
provided under subsection (a)(2) expires on December
29, 2019.]
* * * * * * *
[all]