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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

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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.]

           *       *       *       *       *       *       *


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