[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1751 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
December 6, 2006.
Resolved, That the bill from the House of Representatives (H.R.
1751) entitled ``An Act to amend title 18, United States Code, to
protect judges, prosecutors, witnesses, victims, and their family
members, and for other purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Court Security Improvement Act of
2006''.
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 2010 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'';
(3) in subsection (b)--
(A) in paragraph (2)--
(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--
(1) in subsection (a)--
(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. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF
TITLE 18.
(a) In General.--Section 926B of title 18, United States Code, is
amended by adding at the end the following:
``(f) For purposes of this section, a law enforcement officer of
the Amtrak Police Department or a law enforcement or police officer of
the executive branch of the Federal Government qualifies as an employee
of a governmental agency who is authorized by law to engage in or
supervise the prevention, detection, investigation, or prosecution of,
or the incarceration of any person for, any violation of law, and has
statutory powers of arrest.''.
(b) Retired Law Enforcement Officers.--Section 926C of title 18,
United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (3)(A), by striking ``was
regularly employed as a law enforcement officer for an
aggregate of 15 years or more'' and inserting ``served
as a law enforcement officer for an aggregate of 10
years or more'';
(B) by striking paragraphs (4) and (5) and
inserting the following:
``(4) during the most recent 12-month period, has met, at
the expense of the individual, the standards for qualification
in firearms training for active law enforcement officers as set
by the officer's former agency, the State in which the officer
resides or a law enforcement agency within the State in which
the officer resides;''; and
(C) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively;
(2) in subsection (d)--
(A) in paragraph (1), by striking ``to meet the
standards established by the agency for training and
qualification for active law enforcement officers to
carry a firearm of the same type as the concealed
firearm; or'' and inserting ``to meet the active duty
standards for qualification in firearms training as
established by the agency to carry a firearm of the
same type as the concealed firearm or''; and
(B) in paragraph (2)(B), by striking ``otherwise
found by the State to meet the standards established by
the State for training and qualification for active law
enforcement officers to carry a firearm of the same
type as the concealed firearm.'' and inserting
``otherwise found by the State or a certified firearms
instructor that is qualified to conduct a firearms
qualification test for active duty officers within that
State to have met--
``(i) the active duty standards for
qualification in firearms training as
established by the State to carry a firearm of
the same type as the concealed firearm; or
``(ii) if the State has not established
such standards, standards set by a law
enforcement agency within that State to carry a
firearm of the same type as the concealed
firearm.''; and
(3) by adding at the end the following:
``(f) In this section, the term `service with a public agency as a
law enforcement officer' includes service as a law enforcement officer
of the Amtrak Police Department or as a law enforcement or police
officer of the executive branch of the Federal Government.''.
SEC. 402. 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).
SEC. 403. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF QUALIFIED ACTIVE
AND RETIRED LAW ENFORCEMENT OFFICERS.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall begin a study of the number of active and retired law enforcement
officers carrying concealed firearms pursuant to sections 926B and 926C
of title 18, United States Code.
(b) Contents.--The study shall determine and analyze the following:
(1) The number of qualified law enforcement officers in
each State or any political subdivision thereof carrying a
concealed firearm under section 926B of title 18, United States
Code.
(2) The number of qualified retired law enforcement
officers in each State or any political subdivision thereof
carrying a concealed firearm under section 926C of title 18,
United States Code.
(3) The number of qualified retired law enforcement
officers with less than 15 years of service carrying a
concealed firearm.
(4) The number of qualified retired law enforcement
officers obtaining certification from a certified firearms
instructor that is qualified to conduct a firearms
qualification test for active duty officers within that State
to have met the active duty standards for qualification in
firearms training as established by the State or, if the State
has not established such standards, standards set by a law
enforcement agency for training and qualification for active
duty law enforcement officers within that State, to carry a
firearm of the same type as the concealed firearm. The report
shall also include detailed information on the differences
between the certification requirements set forth by each State
and each law enforcement agency within that State authorized to
issue certifications for concealed weapons under sections 926B
and 926C of title 18, United States Code.
(5) A detailed analysis and comparison of the criteria used
in each State or any political subdivision thereof to determine
whether an individual is qualified to carry a concealed weapon
under section 926C(c)(5) of title 18, United States Code.
(c) Opportunity for Public Comment.--The Comptroller General shall
provide an opportunity for public comment on the proposed scope and
methodology for the report required by subsections (a) and (b), making
such modifications in response to such comments as he deems
appropriate.
(d) Report.--Not later than 15 months after the date of the
enactment of this Act, the Comptroller General shall complete the study
under this section and submit a report to the Committees on the
Judiciary the Senate and the Committee on the Judiciary of the House of
Representatives regarding the findings of the study.
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''.
SEC. 506. ELDERLY NONVIOLENT OFFENDER PILOT PROGRAM.
(a) Program Established.--
(1) In general.--Notwithstanding section 3624 of title 18,
United States Code, or any other provision of law, the Director
of the Bureau of Prisons shall conduct a pilot program to
determine the effectiveness of removing each eligible elderly
offender from a Bureau of Prison facility and placing such
offender on home detention until the date on which the term of
imprisonment to which the offender was sentenced expires.
(2) Timing of placement in home detention.--
(A) In general.--In carrying out the pilot program
under paragraph (1), the Director of the Bureau of
Prisons shall--
(i) in the case of an offender who is
determined to be an eligible elderly offender
on or before the date specified in subparagraph
(B), place such offender on home detention not
later than 180 days after the date of the
enactment of this Act; and
(ii) in the case of an offender who is
determined to be an eligible elderly offender
after the date specified in subparagraph (B)
and before the date that is 3 years and 91 days
after the date of the enactment of this Act,
place such offender on home detention not later
than 90 days after the date of such
determination.
(B) Date specified.--For purposes of subparagraph
(A), the date specified in this subparagraph is the
date that is 90 days after the date of the enactment of
this Act.
(3) Violation of terms of home detention.--A violation by
an eligible elderly offender of the terms of the home detention
involved, including the commission of another Federal, State,
or local crime, shall result in the removal of the offender
from home detention and the return of the offender to the form
of custody in which the offender was imprisoned immediately
before placement on home detention under paragraph (1).
(b) Scope of Pilot Program.--
(1) Participating designated facilities.--The pilot program
under subsection (a) shall be conducted through at least 1
Federal facility designated by the Director of the Bureau of
Prisons as appropriate for the pilot program.
(2) Duration.--The pilot program shall be conducted during
each of fiscal years 2007 and 2008.
(c) Program Evaluation.--
(1) In general.--The Director of the Bureau of Prisons
shall contract with an independent organization to monitor and
evaluate the progress of each eligible elderly offender placed
on home detention under subsection (a)(1) for the period such
offender is on home detention during the duration described in
subsection (b)(2).
(2) Annual report.--The organization described in paragraph
(1) shall annually submit to the Director and to Congress a
report on the pilot program under subsection (a)(1), which
shall include--
(A) an evaluation of the effectiveness of the pilot
program in providing a successful transition to
eligible elderly offenders from incarceration to the
community, including data relating to the recidivism
rates for those offenders; and
(B) the cost savings to the Federal Government
resulting from the early removal of such offenders from
incarceration.
(3) Program adjustments.--Upon review of the report
submitted under paragraph (2), the Director shall submit
recommendations to Congress for adjustments to the pilot
program, including, its expansion to additional facilities.
(d) Definitions.--In this section:
(1) Eligible elderly offender.--The term ``eligible elderly
offender'' means an offender in the custody of the Bureau of
Prisons who--
(A) is not less than 60 years of age;
(B) is serving a term of imprisonment after
conviction for an offense other than a crime of
violence and has served the greater of 10 years or \1/
2\ of the term of imprisonment;
(C) has not been convicted in the past of any
Federal or State crime of violence;
(D) has not been determined by the Bureau of
Prisons, on the basis of information the Bureau uses to
make custody classifications, and in the sole
discretion of the Bureau, to have a history of
violence;
(E) has not escaped, or attempted to escape, from
the Bureau of Prisons facility; and
(F) has not been determined by the Director,
pursuant to the disciplinary system of the Bureau of
Prisons, to have committed an infraction involving an
act of violence.
(2) Home detention.--The term ``home detention'' has the
same meaning given the term in the Federal Sentencing
Guidelines, and includes detention in a nursing home or other
residential long-term care facility.
(3) Term of imprisonment.--The term ``term of
imprisonment'' includes multiple terms of imprisonment ordered
to run consecutively or concurrently, which shall be treated as
a single, aggregate term of imprisonment for purposes of this
section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2007 and 2008.
Attest:
Secretary.
109th CONGRESS
2d Session
H. R. 1751
_______________________________________________________________________
AMENDMENT