STATEMENT OF JUDGE JANE R. ROTH U.S. COURT OF APPEALS FOR THE THIRD CIRCUIT

Mr. Chairman and Members of the Subcommittee:

My name is Jane Roth. I serve as a judge on the United States Court of Appeals for the Third Circuit and as Chairman of the Judicial Conference's Committee on Security and Facilities. Thank you for the opportunity to appear before you today to discuss H.R. 809, the "Federal Protective Service Reform Act of 2000."

In March 2000 the Judicial Conference of the United States resolved that H.R; 809 be amended to make clear that, should this bill be enacted into law, it would not diminish or interfere with the statutory authority of the United States Marshals Service (USMS) to provide security for the federal judiciary. The USMS authority to provide security for the judges, judicial employees, witnesses, and jurors derives from 28 U.S.C.  566. The Judicial Conference recommends that the following amendment be added to H.R. 809 as a new Section 11:

None of the provisions of this Act shall be construed to interfere with, supersede, or otherwise affect the authority of the United States Marshals Service to provide security for the federal judiciary pursuant to 28 U.S.C.  566.

Prior to 1982 the General Services Administration (GSA) and the USMS shared responsibility for security inside federal courthouses. Under this shared responsibility, security in courthouses was inadequate. In 1982 Chief Justice Warren Burger and Attorney General William French Smith, in cooperation with GSA, agreed that the USMS should assume primary responsibility and authority to provide security and protective services in federal buildings housing court operations. In order to assist with implementation of this agreement, the USMS received delegated authority from the GSA Administrator to contract for guards in court-occupied space. In 1983, as part of a joint judicial and executive branch initiative, the USMS established the Judicial Facility Security Program. As a result of this agreement and its subsequent implementation, the USMS assumed responsibility for all security inside courthouses and GSA retained responsibility for security outside courthouses.

The judiciary believes the Judicial Facility Security Program has proven to be efficient and effective and that it should be continued.

We are concerned that Section 6 of H.R. 809 could be read to infringe upon the role of the USMS to provide security in court-occupied space because it gives authority to the newly created position of Federal Protective Service Commissioner to serve as the government's law enforcement of fleer in buildings under control of the GSA Administrator. In addition, Section 9 of the bill could be read to change the responsibility for contract guard employment standards. Currently, the USMS uses standards of suitability which it has developed for employment of contract guards. The judiciary wants to ensure that enactment of this proposed legislation will not lead to a change in this arrangement.

We believe the amendment proposed by the Judicial Conference would only clarify the intent of H.R. 809. The report of the House Committee on Transportation and Infrastructure (H. Rept. 106-676) which accompanied the bill to the House floor states:

This legislation enhances the FPS, and has no impact on the facilities secured by the Secret Service, Federal Bureau of Investigation and United States Marshals Service. Because report language is non-binding, the judiciary believes that language in the proposed bill itself is necessary.

We also believe that the USMS and GSA do not support any interference with the authority of the USMS as found in 28 U.S.C.  566, and affirmatively support continuance of the Judicial Facility Security Program.

I would be happy to answer any questions that you may have and, once again, thank you for the opportunity to appear before the Subcommittee.