[House Report 112-661]
[From the U.S. Government Publishing Office]
112th Congress Rept. 112-661
HOUSE OF REPRESENTATIVES
2d Session Part 1
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LOCAL COURTHOUSE SAFETY ACT OF 2012
_______
September 10, 2012.--Commited to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 6185]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 6185) to improve security at State and local
courthouses, 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.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Advisory on Earmarks............................................. 4
Section-by-Section Analysis...................................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
H.R. 6185 improves security at State and local courthouses
by making available surplus Federal metal detecting equipment
to those state and local courthouse in need of such equipment.
This bill keeps the Federal role appropriately limited while
encouraging the use of metal detectors to enhance safety. This
bill also protects Federal taxpayers' assets while still
allowing States and localities to receive surplus Federal
safety equipment.
Background and Need for the Legislation
Since 2010, there has been about one shooting per month at
local courthouses across the country. In September 2011, a
defendant opened fire in the Crawford County Courthouse in
Arkansas, killing a judge's secretary. Two days later, police
killed a defendant in the Adams County Superior Court in
Indiana after he pointed a gun at them. 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. In 2012, there have been
at least five courthouse shootings, including a fatal attack in
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.
The Local Courthouse Safety Act gives sheriffs and local
courthouses access to the training, equipment, and resources
they need to improve security. This bill provides statutory
authorization for the Department of Justice to train law
enforcement officers--including the sheriffs who protect our
courthouses--how to anticipate, respond to, and survive violent
encounters. This bill updates the State Justice Institute's
mission statement to cover courthouse safety and authorizes the
State Justice Institute to use existing appropriations for
courthouse security investments. This bill also gives local
courts direct access to excess security equipment, like metal
detectors, wands, and baggage screening machines that the
Federal Government no longer uses.
Fiscally responsible changes were incorporated into this
legislation. For instance, changes to the State Justice
Institute's (SJI) authorizing statute provide that SJI can use
existing appropriations to invest in local courthouse security
upgrades. The bill ensures that Federal agencies can claim
equipment before it is made available to the State or local
courthouses. The bill gives local courthouses access to
``surplus'' equipment, which is defined by existing law as
excess equipment that is not claimed by any Federal agency. The
bill requires or encourages local courthouses to invest in
magnetometers as a condition for participation in Federal
programs. Priority for any courthouse security training
programs will be given to courts that have metal detectors
available. Local courthouses can receive SJI courthouse
security grants only if they apply between $300 and $1,000 of
their match requirement to metal detectors.
H.R. 6185 has been endorsed by several 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.
Hearings
The Committee on the Judiciary held no hearings on H.R.
6185.
Committee Consideration
On August 1, 2012, the Committee met in open session and
ordered the bill H.R. 6185 favorably reported, 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 there
were no recorded votes during the Committee's consideration of
H.R. 6185.
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
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives 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. 6185, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 8, 2012.
Hon. Lamar Smith, 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. 6185, the ``Local
Courthouse Safety Act of 2012.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 6185--Local Courthouse Safety Act of 2012.
As ordered reported by the House Committee on the Judiciary
on August 1, 2012.
H.R. 6185 would amend Federal law with the goal of
strengthening the security of state and local courthouse
facilities. Specifically, the bill would authorize the
Department of Justice (DOJ) to provide training programs for
law enforcement and courthouse security personnel of state,
local, and tribal governments on handling encounters with
violent criminals. In addition, H.R. 6185 would permit DOJ
grants to be used to purchase magnetometers for use in state
and local courthouses and would authorize the General Services
Administration (GSA) to give surplus security equipment
directly to state and local courts.
Based on information from DOJ and GSA about current
programs relating to courthouse safety, CBO estimates that
implementing H.R. 6185 would have no significant impact on the
Federal Government because the department already offers
similar training and security programs. Enacting the
legislation would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
H.R. 6185 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On June 4, 2012, CBO transmitted a cost estimate for S.
2076, the ``Local Courthouse Safety Act of 2012,'' as ordered
reported by the Senate Committee on the Judiciary on May 24,
2012. The two bills are similar, and the CBO cost estimates are
the same.
The CBO staff contacts for this estimate are Mark Grabowicz
and Matthew Pickford. The estimate was approved by Theresa
Gullo, Deputy Assistant Director for Budget Analysis.
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.
6185 improves security at State and local courthouses by making
available surplus Federal metal detecting equipment to those
state and local courthouse in need of such equipment.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 6185 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1: Short Title
Section 1 provides that the short title of H.R. 6185 is the
``Local Courthouse Safety Act of 2012.''
Sec. 2: Security Training.
Section 2 authorizes the Attorney General, as part of the
Preventing Violence Against Law Enforcement and Ensuring
Officer Resilience and Survivability Initiative (VALOR) of the
Department of Justice (DOJ), to provide safety training and
technical assistance to local law enforcement agencies.
Sec. 3: State Justice Institute.
Section 3 updates the State Justice Institute's (SJI)
authorizing statute to provide that SJI can use existing
appropriations to invest in local courthouse security upgrades
provided the State or local courthouse provides limited
matching funds for metal detectors.
Sec. 4: Security Equipment.
Section 4 gives local courthouses access to ``surplus''
safety (metal detecting) equipment, which is defined by
existing law as excess equipment that is not claimed by any
Federal agency. This section ensures that Federal agencies can
claim equipment before it is made available to local
courthouses.
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):
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT
OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
Part D--Establishment of Bureau of Justice Assistance
* * * * * * *
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.
* * * * * * *
----------
STATE JUSTICE INSTITUTE ACT OF 1984
TITLE II
SHORT TITLE
Sec. 201. This title may be cited as the ``State Justice
Institute Act of 1984''.
* * * * * * *
ESTABLISHMENT OF INSTITUTE; DUTIES
Sec. 203. (a) * * *
(b) The Institute shall--
(1) direct a national program of assistance
designed to assure each person ready access to a fair,
safe, and effective system of justice by provideing
funds to--
(A) * * *
* * * * * * *
GRANTS AND CONTRACTS
Sec. 206. (a) * * *
* * * * * * *
(c) Funds available pursuant to grants, cooperative
agreements, or contracts awarded under this section may be
used--
(1) * * *
* * * * * * *
(14) to conduct not more than 5 projects at an
aggregate cost of not to exceed $600,000--
(A) * * *
* * * * * * *
(C) to disseminate the results of the
investigation and research carried out under
subparagraph (A), and the curricula developed
under subparagraph (B), to State courts; [and]
(15) to improve the safety and security of State
and local courts; and
[(15)] (16) to carry out such other programs,
consistent with the purposes of this title, as may be
deemed appropriate by the Institute.
* * * * * * *
(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.
----------
TITLE 40, UNITED STATES CODE
SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
* * * * * * *
CHAPTER 5--PROPERTY MANAGEMENT
subchapter i--procurement and warehousing
Sec.
501. Services for executive agencies.
* * * * * * *
subchapter iii--disposing of property
* * * * * * *
560. Surplus security equipment for State and local courts.
* * * * * * *
SUBCHAPTER III--DISPOSING OF PROPERTY
* * * * * * *
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 qualifying State or local
courthouse for surplus security equipment for
use at a 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.
* * * * * * *
House of Representatives,
Committee on the Judiciary,
Washington, DC, September 10, 2012.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Reform,
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.
House of Representatives,
Committee on Oversight and Government Reform,
Washington, DC, September 10, 2012.
Hon. Lamar Smith,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear 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.