Date: 1982-12-13
Speaker: SAM B. HALL (democrat)
Chamber: H

Mr. Speaker. today we consider this legislation amending the authorization for the Supreme Court Police in the wake of an attack on the person of Justice Byron White as he addressed a meeting of the Utah Bar Association. Although Justice White quipped that he had been hit harder on the football field in Utah than on this more recent occasion. the threat to public officials. including members of the Supreme Court. in our society today is not a matter to be taken lightly. This bill. H.R. 6204. was introduced by Mr. RODINO for himself and Mr. McCLORY in an attempt to clarify the authority of the Supreme Court Police to protect Supreme Court personnel both on and off the premises of the Court and to clarify the authority of the Supreme Court Police to use firearms and make arrests in the performance of their protective function. Following a hearing where representatives of the Court testified. the subcommittee worked with representatives of the Court and formulated the amendment in the nature of a substitute which is reprinted before you today. Currently. security arrangements for the Supreme Court personnel off the premises of the Court are handled through the cooperation of the U.S. marshals service. Members of the Supreme Court Police force are not authorized to carry firearms off the premises of the Court. Their arrest authority off the premises of the Court is unclear. While many members of the Supreme Court Police force are deputy U.S. marshals and are therefore authorized to carry firearms and make arrests off the Court premises. passage of this bill will clarify their authority in an appropriate fashion. by amendment to the provisions of title 40 which authorize the Supreme Court Police. As amended by the subcommittee. the bill amends the provisions in title 40 of the United States Code which currently authorize the Supreme Court Police in the following respects: First. it clarifies the authority of the Supreme Court Police to protect the property of the Supreme Court and persons in the vidnity of the Court property. Second. it authorizes the Supreme Court Police to protect the Justices. their official guests. and officers or employees of the Court who are engaged in the performance of official duties in any part of the United States. Third. it clarifies the arrest authority of the Supreme Court Police and limits arrest authority in the performance of their protective function away from the Supreme Court grounds to arrests for violations of Federal laws. Fourth. it clarifies and makes explicit the authority of the members of the Supreme Court Police Force to carry firearms as may be required for the performance of duties under the act. Fifth. it repeals the requirement that the Marshal of the Supreme Court shall publish regulations deemed necessary for the protection of the Supreme Court Building and grounds in a local newspaper for 10 days prior to their effective date. and substitutes a requirement that the proposed regulations be posted at the Supreme Court Building and be made reasonably available to the public in writing. The amendment in the nature of a substitute reported by the subcommittee improves upon H.R. 6204 as introduced on behalf of the Chief Justice by more carefully defining the protective functions of the Police and by specifically relating their arrest authority and their authority to carry firearms to those functions. Moreover. the subcommittee amendment requires that the Justices identify their official guests and provide written authorization for the Supreme Court Police to carry a firearm while protecting such official guests outside of Virginia. Maryland. and the District of Columbia. The subcommittee recommends that H.R. 6204. as amended. be reported favorably to the House.