110th CONGRESS
1st Session
H. R. 660
To amend title 18, United States Code, to protect judges, prosecutors,
witnesses, victims, and their family members, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 24, 2007
Mr. CONYERS (for himself, Mr. GOHMERT, and Mr. SCOTT of Virginia) introduced
the following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Ways and Means and Oversight and Government
Reform, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To amend title 18, United States Code, to protect judges, prosecutors,
witnesses, victims, and their family members, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Court Security Improvement Act of 2007'.
TITLE I--JUDICIAL SECURITY IMPROVEMENTS AND FUNDING
SEC. 101. JUDICIAL BRANCH SECURITY REQUIREMENTS.
(a) Ensuring Consultation With the Judiciary- Section 566 of title 28, United
States Code, is amended by adding at the end the following:
`(i) The Director of the United States Marshals Service shall consult with
the Judicial Conference of the United States on a continuing basis regarding
the security requirements for the judicial branch of the United States Government,
to ensure that the views of the Judicial Conference regarding the security
requirements for the judicial branch of the Federal Government are taken
into account when determining staffing levels, setting priorities for programs
regarding judicial security, and allocating judicial security resources.
In this paragraph, the term `judicial security' includes the security of
buildings housing the judiciary, the personal security of judicial officers,
the assessment of threats made to judicial officers, and the protection
of all other judicial personnel. The United States Marshals Service retains
final authority regarding security requirements for the judicial branch
of the Federal Government.'.
(b) Conforming Amendment- Section 331 of title 28, United States Code, is
amended by adding at the end the following:
`The Judicial Conference shall consult with the Director of United States
Marshals Service on a continuing basis regarding the security requirements
for the judicial branch of the United States Government, to ensure that
the views of the Judicial Conference regarding the security requirements
for the judicial branch of the Federal Government are taken into account
when determining staffing levels, setting priorities for programs regarding
judicial security, and allocating judicial security resources. In this paragraph,
the term `judicial security' includes the security of buildings housing
the judiciary, the personal security of judicial officers, the assessment
of threats made to judicial officers, and the protection of all other judicial
personnel. The United States Marshals Service retains final authority regarding
security requirements for the judicial branch of the Federal Government.'.
SEC. 102. PROTECTION OF FAMILY MEMBERS.
Section 105(b)(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.)
is amended--
(1) in subparagraph (A), by inserting `or a family member of that individual'
after `that individual'; and
(2) in subparagraph (B)(i), by inserting `or a family member of that individual'
after `the report'.
SEC. 103. FINANCIAL DISCLOSURE REPORTS.
(a) Extension of Authority- Section 105(b)(3) of the Ethics in Government
Act of 1978 (5 U.S.C. App) is amended by striking `2005' each place that
term appears and inserting `2009'.
(b) Report Contents- Section 105(b)(3)(C) of the Ethics in Government Act
of 1978 (5 U.S.C. App) is amended--
(1) in clause (ii), by striking `and' at the end;
(2) in clause (iii), by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
`(iv) the nature or type of information redacted;
`(v) what steps or procedures are in place to ensure that sufficient information
is available to litigants to determine if there is a conflict of interest;
`(vi) principles used to guide implementation of redaction authority;
and
`(vii) any public complaints received in regards to redaction.'.
SEC. 104. PROTECTION OF UNITED STATES TAX COURT.
(a) In General- Section 566(a) of title 28, United States Code, is amended
by striking `and the Court of International Trade' and inserting `, the
Court of International Trade, and any other court, as provided by law'.
(b) Internal Revenue Code- Section 7456(c) of the Internal Revenue Code
of 1986 (relating to incidental powers of the Tax Court) is amended in the
matter following paragraph (3), by striking the period at the end, and inserting
`and may otherwise provide for the security of the Tax Court, including
the personal protection of Tax Court judges, court officers, witnesses,
and other threatened person in the interests of justice, where criminal
intimidation impedes on the functioning of the judicial process or any other
official proceeding.'.
SEC. 105. ADDITIONAL AMOUNTS FOR UNITED STATES MARSHALS SERVICE TO PROTECT
THE JUDICIARY.
In addition to any other amounts authorized to be appropriated for the United
States Marshals Service, there are authorized to be appropriated for the
United States Marshals Service to protect the judiciary, $20,000,000 for
each of fiscal years 2006 through 2011 for--
(1) hiring entry-level deputy marshals for providing judicial security;
(2) hiring senior-level deputy marshals for investigating threats to the
judiciary and providing protective details to members of the judiciary
and assistant United States attorneys; and
(3) for the Office of Protective Intelligence, for hiring senior-level
deputy marshals, hiring program analysts, and providing secure computer
systems.
TITLE II--CRIMINAL LAW ENHANCEMENTS TO PROTECT JUDGES, FAMILY MEMBERS,
AND WITNESSES
SEC. 201. PROTECTIONS AGAINST MALICIOUS RECORDING OF FICTITIOUS LIENS
AGAINST FEDERAL JUDGES AND FEDERAL LAW ENFORCEMENT OFFICERS.
(a) Offense- Chapter 73 of title 18, United States Code, is amended by adding
at the end the following:
`SEC. 1521. RETALIATING AGAINST A FEDERAL JUDGE OR FEDERAL LAW ENFORCEMENT
OFFICER BY FALSE CLAIM OR SLANDER OF TITLE.
`Whoever files, attempts to file, or conspires to file, in any public record
or in any private record which is generally available to the public, any
false lien or encumbrance against the real or personal property of an individual
described in section 1114, on account of the performance of official duties
by that individual, knowing or having reason to know that such lien or encumbrance
is false or contains any materially false, fictitious, or fraudulent statement
or representation, shall be fined under this title or imprisoned for not
more than 10 years, or both.'.
(b) Clerical Amendment- The chapter analysis for chapter 73 of title 18,
United States Code, is amended by adding at the end the following new item:
`1521. Retaliating against a Federal judge or Federal law enforcement
officer by false claim or slander of title.'.
SEC. 202. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN OFFICIAL DUTIES.
(a) Offense- Chapter 7 of title 18, United States Code, is amended by adding
at the end the following:
`Sec. 118. Protection of individuals performing certain official duties
`(a) In General- Whoever knowingly makes restricted personal information
about a covered official, or a member of the immediate family of that covered
official, publicly available--
`(1) with the intent to threaten, intimidate, or incite the commission
of a crime of violence against that covered official, or a member of the
immediate family of that covered official; or
`(2) with the intent and knowledge that the restricted personal information
will be used to threaten, intimidate, or facilitate the commission of
a crime of violence against that covered official, or a member of the
immediate family of that covered official,
shall be fined under this title, imprisoned not more than 5 years, or both.
`(b) Definitions- In this section--
`(1) the term `restricted personal information' means, with respect to
an individual, the Social Security number, the home address, home phone
number, mobile phone number, personal email, or home fax number of, and
identifiable to, that individual;
`(2) the term `covered official' means--
`(A) an individual designated in section 1114; or
`(B) a grand or petit juror, witness, or other officer in or of, any
court of the United States, or an officer who may be serving at any
examination or other proceeding before any United States magistrate
judge or other committing magistrate;
`(3) the term `crime of violence' has the meaning given the term in section
16; and
`(4) the term `immediate family' has the meaning given the term in section
115(c)(2).'.
(b) Clerical Amendment- The table of sections at the beginning of chapter
7 of title 18, United States Code, is amended by adding at the end the following
new item:
`118. Protection of individuals performing certain official duties.'.
SEC. 203. PROHIBITION OF POSSESSION OF DANGEROUS WEAPONS IN FEDERAL COURT
FACILITIES.
Section 930(e)(1) of title 18, United States Code, is amended by inserting
`or other dangerous weapon' after `firearm'.
SEC. 204. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A WITNESS.
Section 1513 of title 18, United States Code, is amended by adding at the
end the following:
`(g) A prosecution under this section may be brought in the district in
which the official proceeding (whether pending, about to be instituted,
or completed) was intended to be affected, or in which the conduct constituting
the alleged offense occurred.'.
SEC. 205. MODIFICATION OF TAMPERING WITH A WITNESS, VICTIM, OR AN INFORMANT
OFFENSE.
(a) Changes in Penalties- Section 1512 of title 18, United States Code,
is amended--
(1) so that subparagraph (A) of subsection (a)(3) reads as follows:
`(A) in the case of a killing, the punishment provided in sections 1111
and 1112;';
(2) in subsection (a)(3)--
(A) in the matter following clause (ii) of subparagraph (B) by striking
`20 years' and inserting `30 years'; and
(B) in subparagraph (C), by striking `10 years' and inserting `20 years';
(3) in subsection (b), by striking `ten years' and inserting `20 years';
and
(4) in subsection (d), by striking `one year' and inserting `3 years'.
SEC. 206. MODIFICATION OF RETALIATION OFFENSE.
Section 1513 of title 18, United States Code, is amended--
(1) in subsection (a)(1)(B)--
(A) by inserting a comma after `probation'; and
(B) by striking the comma which immediately follows another comma;
(2) in subsection (a)(2)(B), by striking `20 years' and inserting `30
years';
(i) by inserting a comma after `probation'; and
(ii) by striking the comma which immediately follows another comma;
and
(B) in the matter following paragraph (2), by striking `ten years' and
inserting `20 years'; and
(4) by redesignating the second subsection (e) as subsection (f).
SEC. 207. GENERAL MODIFICATIONS OF FEDERAL MURDER CRIME AND RELATED CRIMES.
Section 1112(b) of title 18, United States Code, is amended--
(1) by striking `ten years' and inserting `20 years'; and
(2) by striking `six years' and inserting `10 years'.
TITLE III--PROTECTING STATE AND LOCAL JUDGES AND RELATED GRANT PROGRAMS
SEC. 301. GRANTS TO STATES TO PROTECT WITNESSES AND VICTIMS OF CRIMES.
(a) In General- Section 31702 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 13862) is amended--
(1) in paragraph (3), by striking `and' at the end;
(2) in paragraph (4), by striking the period and inserting `; and'; and
(3) by adding at the end the following:
`(5) by a State, unit of local government, or Indian tribe to create and
expand witness and victim protection programs to prevent threats, intimidation,
and retaliation against victims of, and witnesses to, violent crimes.'.
(b) Authorization of Appropriations- Section 31707 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is amended to
read as follows:
`SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated $20,000,000 for each of the fiscal
years 2006 through 2010 to carry out this subtitle.'.
SEC. 302. ELIGIBILITY OF STATE COURTS FOR CERTAIN FEDERAL GRANTS.
(a) Correctional Options Grants- Section 515 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3762a) is amended--
(A) in paragraph (2), by striking `and' at the end;
(B) in paragraph (3), by striking the period and inserting `; and';
and
(C) by adding at the end the following:
`(4) grants to State courts to improve security for State and local court
systems.'; and
(2) in subsection (b), by inserting after the period the following:
`Priority shall be given to State court applicants under subsection (a)(4)
that have the greatest demonstrated need to provide security in order to
administer justice.'.
(b) Allocations- Section 516(a) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3762b) is amended by--
(1) striking `80' and inserting `70';
(2) striking `and 10' and inserting `10'; and
(3) inserting before the period the following: `, and 10 percent for section
515(a)(4)'.
(c) State and Local Governments To Consider Courts- The Attorney General
may require, as appropriate, that whenever a State or unit of local government
or Indian tribe applies for a grant from the Department of Justice, the
State, unit, or tribe demonstrate that, in developing the application and
distributing funds, the State, unit, or tribe--
(1) considered the needs of the judicial branch of the State, unit, or
tribe, as the case may be;
(2) consulted with the chief judicial officer of the highest court of
the State, unit, or tribe, as the case may be; and
(3) consulted with the chief law enforcement officer of the law enforcement
agency responsible for the security needs of the judicial branch of the
State, unit, or tribe, as the case may be.
(d) Armor Vests- Section 2501 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796ll) is amended--
(1) in subsection (a), by inserting `and State and local court officers'
after `tribal law enforcement officers'; and
(2) in subsection (b), by inserting `State or local court,' after `government,'.
TITLE IV--LAW ENFORCEMENT OFFICERS
SEC. 401. REPORT ON SECURITY OF FEDERAL PROSECUTORS.
(a) In General- Not later than 90 days after the date of enactment of this
Act, the Attorney General shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House of Representatives
a report on the security of assistant United States attorneys and other
Federal attorneys arising from the prosecution of terrorists, violent criminal
gangs, drug traffickers, gun traffickers, white supremacists, those who
commit fraud and other white-collar offenses, and other criminal cases.
(b) Contents- The report submitted under subsection (a) shall describe each
of the following:
(1) The number and nature of threats and assaults against attorneys handling
prosecutions described in subsection (a) and the reporting requirements
and methods.
(2) The security measures that are in place to protect the attorneys who
are handling prosecutions described in subsection (a), including threat
assessments, response procedures, availability of security systems and
other devices, firearms licensing (deputations), and other measures designed
to protect the attorneys and their families.
(3) The firearms deputation policies of the Department of Justice, including
the number of attorneys deputized and the time between receipt of threat
and completion of the deputation and training process.
(4) For each requirement, measure, or policy described in paragraphs (1)
through (3), when the requirement, measure, or policy was developed and
who was responsible for developing and implementing the requirement, measure,
or policy .
(5) The programs that are made available to the attorneys for personal
security training, including training relating to limitations on public
information disclosure, basic home security, firearms handling and safety,
family safety, mail handling, counter-surveillance, and self-defense tactics.
(6) The measures that are taken to provide attorneys handling prosecutions
described in subsection (a) with secure parking facilities, and how priorities
for such facilities are established--
(A) among Federal employees within the facility;
(B) among Department of Justice employees within the facility; and
(C) among attorneys within the facility.
(7) The frequency attorneys handling prosecutions described in subsection
(a) are called upon to work beyond standard work hours and the security
measures provided to protect attorneys at such times during travel between
office and available parking facilities.
(8) With respect to attorneys who are licensed under State laws to carry
firearms, the policy of the Department of Justice as to--
(A) carrying the firearm between available parking and office buildings;
(B) securing the weapon at the office buildings; and
(C) equipment and training provided to facilitate safe storage at Department
of Justice facilities.
(9) The offices in the Department of Justice that are responsible for
ensuring the security of attorneys handling prosecutions described in
subsection (a), the organization and staffing of the offices, and the
manner in which the offices coordinate with offices in specific districts.
(10) The role, if any, that the United States Marshals Service or any
other Department of Justice component plays in protecting, or providing
security services or training for, attorneys handling prosecutions described
in subsection (a).
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. EXPANDED PROCUREMENT AUTHORITY FOR THE UNITED STATES SENTENCING
COMMISSION.
(a) In General- Section 995 of title 28, United States Code, is amended
by adding at the end the following:
`(f) The Commission may--
`(1) use available funds to enter into contracts for the acquisition of
severable services for a period that begins in 1 fiscal year and ends
in the next fiscal year, to the same extent as executive agencies may
enter into such contracts under the authority of section 303L of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253l);
`(2) enter into multi-year contracts for the acquisition of property or
services to the same extent as executive agencies may enter into such
contracts under the authority of section 304B of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 254c); and
`(3) make advance, partial, progress, or other payments under contracts
for property or services to the same extent as executive agencies may
make such payments under the authority of section 305 of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 255).'.
(b) Sunset- The amendment made by subsection (a) shall cease to have force
and effect on September 30, 2010.
SEC. 502. BANKRUPTCY, MAGISTRATE, AND TERRITORIAL JUDGES LIFE INSURANCE.
(a) In General- Section 604(a)(5) of title 28, United States Code, is amended
by inserting after `hold office during good behavior,' the following: `bankruptcy
judges appointed under section 152 of this title, magistrate judges appointed
under section 631 of this title, and territorial district court judges appointed
under section 24 of the Organic Act of Guam (48 U.S.C. 1424b), section 1(b)
of the Act of November 8, 1877 (48 U.S.C. 1821), or section 24(a) of the
Revised Organic Act of the Virgin Islands (48 U.S.C. 1614(a)),'.
(b) Effective Date- The amendment made by subsection (a) shall apply with
respect to any payment made on or after the first day of the first applicable
pay period beginning on or after the date of enactment of this Act.
SEC. 503. ASSIGNMENT OF JUDGES.
Section 296 of title 28, United States Code, is amended by inserting at
the end of the second undesignated paragraph the following new sentence:
`However, a judge who has retired from regular active service under section
371(b) of this title, when designated and assigned to the court to which
such judge was appointed, shall have all the powers of a judge of that court,
including participation in appointment of court officers and magistrates,
rulemaking, governance, and administrative matters.'.
SEC. 504. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF MAGISTRATES.
Section 631(a) of title 28, United States Code, is amended by striking `Northern
Mariana Islands' the first place it appears and inserting `Northern Mariana
Islands (including any judge in regular active service and any judge who
has retired from regular active service under section 371(b) of this title,
when designated and assigned to the court to which such judge was appointed)'.
SEC. 505. REAUTHORIZATION OF THE ETHICS IN GOVERNMENT ACT.
Section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended
by striking `2006' and inserting `2011'.
END
