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[House Report 112-661]
[From the U.S. Government Publishing Office]

112th Congress                                            Rept. 112-661
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1
======================================================================
 
                  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.

                                  
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