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To amend title 28 of the United States Code and related statutes with respect to the appointment and jurisdiction of the Supreme Court Police.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1982

Mr. RODINO (for himself and Mr. MCCLORY) introduced the following bill; which was referred to the Committee on the Judiciary

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A BILL

To amend title 28 of the United States Code and related statutes with respect to the appointment and jurisdiction of the Supreme Court Police.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 672(b) of title 28, United States Code, is 4 amended to read as follows:

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"(b) The Marshal may, with the approval of the Chief 6 Justice of the United States, appoint and fix the compensa7 tion of necessary assistants and employees to attend the 8 Court, employees to serve as Supreme Court Police, and nec9 essary custodial employess.".

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SEC. 2. Section 672(c) of title 28, United States Code,

2 is amended by changing the period at the end of paragraph

3 (7) thereof to a semicolon and by adding the following new

4 paragraphs:

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"(8) Oversee the work of those employees appointed in the capacity of Supreme Court Police, who shall serve as law enforcement officers to police the Supreme Court building, grounds, and adjacent streets, and to protect the Chief Justice, Associate Justices, the officers and employees, guests, and property of the

Court and shall be authorized to bear arms and to

make arrests in such capacity.

"(9) Prescribe such regulations, approved by the Chief Justice and consistent with sections 2 through 6

of the Act of August 18, 1949, chapter 479, 63 Stat. 616 (40 U.S.C. 13g-13k), as may be necessary for the

adequate protection of the Supreme Court building,

grounds, persons and property, and for the maintenance of suitable order and decorum, which regulations shall be posted in a public place at the Supreme Court

building and copies of which shall be made reasonably available to the public.".

SEC. 3. Section 1 of the Act of August 18, 1949, chap

24 ter 479, 63 Stat. 616 (40 U.S.C. 13f) is amended by striking 25 all language following the word "may" and substituting

HR 6204 IH

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1 therefor, "appoint employees to serve as Supreme Court 2 Police, for duty as law enforcement officers in policing the 3 Supreme Court building, grounds, and adjacent streets, and 4 in protecting the Chief Justice, Associate Justices, officers 5 and employees, guests and property of the Court.

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SEC. 4. Section 7 of the Act of August 18, 1949, chap

7 ter 479, 663 Stat. 617 (40 U.S.C. 131) is repealed and sec8 tions 8 through 11 of that Act (40 U.S.C. 13m-13p) are

9 redesignated as sections 7 through 10 respectively.

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SEC. 5. Section 8 of the Act of August 18, 1949, chap

11 ter 479, 63 Stat. 617 (40 U.S.C. 13m), redesignated by sec12 tion 4 of this Act as section 7 of the Act (40 U.S.C. 131), is 13 amended to read as follows:

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"Whoever violates any provision of sections 2 through

15 6, inclusive, of this Act, or of any regulation prescribed under 16 section 672(c)(9) of title 28, shall be fined not more than 17 $100 or imprisoned not more than sixty days, or both, pros18 ecution for such offenses to be had in the courts for the Dis19 trict of Columbia, upon information by the United States at20 torney or any of his assistants: In any case where, in the 21 commission of any such offense, public property is damaged 22 in an amount exceeding $100, the period of imprisonment for 23 the offense may be not more than five years."

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SEC. 6. Section 9 of the Act of August 18, 1949, chap

25 ter 479, 63 Stat. 617 (40 U.S.C. 13n), as subsequently

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1 amended and as redesignated by section 4 of this Act is fur

2 ther amended to read as follows:

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"The Marshal and the Supreme Court Police provided 4 for by section 672(c)(8) of title 28, United States Code, and 5 by section 1 of this Act shall have the authority as law en6 forcement officers to bear arms while within or outside the 7 boundaries of the Supreme Court building, grounds, and adja8 cent streets in such a manner and at such times as the Mar9 shal may by regulation prescribe. They shall have the power 10 to enforce and to make arrests for the violation of sections 2 11 through 6, inclusive, of this Act, any law of the United 12 States, the District of Columbia, or any State, and any regu13 lation prescribed by the Marshal of the Supreme Court under 14 section 672(c)(9) of title 28, United States Code. The Metro15 politan Police of the District of Columbia shall have concur16 rent jurisdiction with the Supreme Court Police to patrol the 17 Supreme Court building and grounds, and to make arrests 18 therein, when requested to do so by the Marshal of the Su19 preme Court or his duly authorized assistants. Such authority 20 shall not be construed to empower the Metropolitan Police to 21 enter the Supreme Court building and grounds unless the 22 Marshal of the Supreme Court or his assistants have request

23 ed or consented to such entry."

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Mr. HALL. We have several witnesses here with reference to that matter, and if they would identify themselves for the record, please.

Mr. McCLORY. Before that, Mr. Chairman, I have a brief opening statement.

Mr. HALL. We would be happy for you to make that presentation at this time, Mr. McClory.

Mr. McCLORY. I would ask unanimous consent that my entire statement be made a part of the record at this point.

Mr. HALL. Without objection, it will be made a part of the record. [The prepared statement of Hon. Robert McClory follows:]

OPENING STATEMENT of CongRESSMAN ROBERT MCCLORY, HEARINGS ON H.R. 6204, A BILL RESPECTING THE APPOINTMENT AND JURISDICTION of Supreme COURT POLICE Under current statutes the Supreme Court constabulary lacks authority commensurate with their duties and responsibilities. If the law is read closely, only a superintendent function is permitted. The fact that a Supreme Court employee was shot to death last year cries for a statutory overhaul so that the Supreme Court police can perform their true law enforcement function.

Street crime, assassination attempts and terrorist activities have become daily facts of life, yet the police of the Supreme Court have no direct authority to carry weapons when protecting the Justices. In a letter to the Congress from the high court it was noted that Justice Marshall was the target of at least one threat last year and Justice Sandra Day O'Connor was subject to at least two death threats during the time of her conformation. Another deficiency in the present law is its failure to provide for arrest authority. Even if a Supreme Court policeman saw a crime committed on an adjacent street to the court, he has no arrest authority and indeed could be subject to a personal suit if he intervened.

To get around present statutory deficiencies, Supreme Court police have to go through the awkward procedure of being deputized as temporary United States Marshalls by the U.S. Marshall for the District of Columbia. This authority expires every six months and they have to redeputized. Therefore, any meaningful police authority is derived at the temporary sufferance of the U.S. Marshall for the District of Columbia. Supreme Court police are second class citizens and this arrangement is a heavy blow to morale, besides entailing a lot of unnecessary paperwork. Mr. Chairman, I strongly support this legislation not only as an accommodation to the Justices but also for the safety and security of all Supreme Court personnel. The Supreme Court police are law enforcement officers for a coordinate branch of the Federal government, they should have a clear and unqualified statutory authority to serve in that capacity.

Mr. McCLORY. Mr. Chairman, I would merely add that as the sponsor of this measure, together with the chairman of the full committee, Mr. Rodino, the measure was introduced at the request of the Chief Justice of the Supreme Court of the United States and it is my feeling that we need to enhance the role and the authority of the Supreme Court Police to not subject them to the requirement that they should have to be deputized by either the Marshal or by the District of Columbia authorities in order to have arrest authority beyond the immediate confines of the Supreme Court. So I am hopeful we can act promptly on this and accommodate the Supreme Court in that respect.

Thank you, Mr. Chairman.

Mr. HALL. Thank you, Mr. McClory.

Gentlemen, if you would identify yourselves and proceed as you see fit, please.

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