[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1751 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1751

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

                             April 21, 2005

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

_______________________________________________________________________

                                 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 ``Secure Access to Justice and Court 
Protection Act of 2005''.

SEC. 2. PENALTIES FOR INFLUENCING, IMPEDING, OR RETALIATING AGAINST 
              JUDGES AND OTHER OFFICIALS BY THREATENING OR INJURING A 
              FAMILY MEMBER.

    Section 115 of title 18, United States Code, is amended--
            (1) in subsection (a)(1)(B), by inserting ``assaults, 
        kidnaps, or murders, or attempts or conspires to kidnap or 
        murder, or'' after ``(B)''; and
            (2) so that subsection (b) reads as follows:
    ``(b)(1) The punishment for an assault in violation of this section 
is a fine under this title and--
            ``(A) if the assault consists of a simple assault, a term 
        of imprisonment for not more than one year, or both;
            ``(B) if the assault resulted in bodily injury (as defined 
        in section 1365), a term of imprisonment for not less than 5 
        nor more than 20 years;
            ``(C) if the assault resulted in serious bodily injury (as 
        defined in section 1365), a term of imprisonment for any term 
        of years not less than 10 or life;
            ``(D) if a dangerous weapon was used or possessed during 
        and in relation to the offense, a term of imprisonment for any 
        term of years not less than 15 nor life; and
            ``(E) in any other case, not less than 2 nor more than 10 
        years.
    ``(2) The punishment for a kidnaping, attempted kidnapping, or 
conspiracy to kidnap in violation of this section is a fine under this 
title and imprisonment for any term of years not less than 30, or for 
life.
    ``(3) The punishment for a murder, attempted murder, or conspiracy 
to murder in violation of this section is a fine under this title and 
imprisonment for any term of years not less than 30, or for life, or 
the death penalty.
    ``(4) A threat made in violation of this section shall be punished 
by a fine under this title and imprisonment for a term of not less than 
5 years nor more than 20 years.
    ``(5) Each punishment for criminal conduct under this section shall 
be in addition to any other punishment, whether imposed for a 
conviction under this section or otherwise, for other criminal conduct 
during the same criminal episode.''.

SEC. 3. PROTECTION OF FEDERALLY FUNDED PUBLIC SAFETY OFFICERS.

    (a) Offense.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1123. Killing of federally funded public safety officers
    ``(a) Offense.--Whoever kills, or attempts or conspires to kill, a 
federally funded public safety officer while that officer is engaged in 
official duties, or arising out of the performance of official duties, 
or kills a former federally funded public safety officer arising out of 
the performance of official duties, shall be punished as is provided in 
this chapter for the like offense against a person designated in 
section 1114. Any other killing or attempted killing or conspiracy to 
kill that occurs in the same criminal episode shall also be subject to 
the punishment provided in this chapter for the like offense against a 
person designated in section 1114.
    ``(b) Definition.--As used in this section--
            ``(1) the term `federally funded public safety officer' 
        means a public safety officer for a public agency (including a 
        court system) that receives Federal financial assistance, of an 
        entity that is a State of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin Islands 
        of the United States, Guam, American Samoa, the Trust Territory 
        of the Pacific Islands, the Commonwealth of the Northern 
        Mariana Islands, or any territory or possession of the United 
        States, an Indian tribe, or a unit of local government of that 
        entity;
            ``(2) the term `public safety officer' means an individual 
        serving a public agency in an official capacity, with or 
        without compensation, as a judicial officer, as a firefighter, 
        as a chaplain, or as a member of a rescue squad or ambulance 
        crew;
            ``(3) the term `judicial officer' means a judge or other 
        officer or employee of a court, including prosecutors, court 
        security, and corrections, probation, and parole officers; and
            ``(4) the term `firefighter' includes an individual serving 
        as an official recognized or designated member of a legally 
        organized volunteer fire department and an officially 
        recognized or designated public employee member of a rescue 
        squad or ambulance crew.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1123. Killing of federally public safety officers.''.

SEC. 4. GENERAL MODIFICATIONS OF FEDERAL MURDER CRIME AND RELATED 
              CRIMES.

    (a) Murder Amendments.--Section 1111 of title 18, United States 
Code, is amended--
            (1) in subsection (b), by inserting ``not less than 30'' 
        after ``any term of years''; and
            (2) in subsection (c), by striking paragraph (4).
    (b) Manslaughter Amendments.--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''.
    (c) Attempt Amendment.--Section 1113 of title 18, United States 
Code, is amended by striking ``shall, for an attempt to commit murder'' 
and all that follows through the period at the end of the section and 
inserting ``shall be punished as is provided for a completed offense.''
    (d) Conspiracy Amendment.--Section 1117 of title 18, United States 
Code, is amended by striking ``by imprisonment for any term of years or 
for life'' and inserting ``as is provided for the violation which is 
the object of the conspiracy''.

SEC. 5. MODIFICATION OF DEFINITION OF OFFENSE AND OF THE PENALTIES FOR, 
              INFLUENCING OR INJURING OFFICER OR JUROR GENERALLY.

    Section 1503 of title 18, United States Code, is amended--
            (1) so that subsection (a) reads as follows:
    ``(a)(1) Whoever--
            ``(A) corruptly, or by threats of force or force, endeavors 
        to influence, intimidate, or impede a juror or officer in a 
        judicial proceeding in the discharge of that juror or officer's 
        duty;
            ``(B) injures a juror or an officer in a judicial 
        proceeding arising out of the performance of official duties as 
        such juror or officer; or
            ``(C) corruptly, or by threats of force or force, 
        obstructs, or impedes, or endeavors to influence, obstruct, or 
        impede, the due administration of justice;
or attempts to do so, shall be punished as provided in subsection (b).
    ``(2) As used in this section, the term `juror or officer in a 
judicial proceeding' means a grand or petit juror, 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.'';
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) by striking ``class A or B''; and
                            (ii) by striking ``not more than 20 years, 
                        a fine under this title, or both'' and 
                        inserting ``for any term of years not less than 
                        20, or for life, and a fine under this title''; 
                        and
                    (B) so that paragraph (3) reads as follows:
            ``(3) in any other case, a fine under this title and 
        imprisonment for not less than 10 years nor more than 30 
        years.''.

SEC. 6. 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) in subsection (a)(3)--
                    (A) by striking subparagraph (B); and
                    (B) in subparagraph (C), by striking ``not more 
                than 10 years'' and inserting ``not less than 5 years 
                nor more than 20 years'';
            (2) in subsection (b), by striking ``or imprisoned not more 
        than ten years, or both'' and inserting ``not less than 5 years 
        nor more than 20 years'';
            (3) in subsection (c), by striking ``or imprisoned not more 
        than twenty years, or both'' and inserting ``and imprisoned not 
        less than 5 years nor more than 20 years'';
            (4) in subsection (d), by striking ``or imprisoned not more 
        than one year, or both'' and inserting ``and imprisoned not 
        less than 5 years nor more than 20 years''; and
            (5) in subsection (k)--
                    (A) by inserting ``attempts or'' before 
                ``conspires''; and
                    (B) by inserting ``attempted or'' before ``the 
                commission''.

SEC. 7. 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), by striking subparagraph (B);
            (3) in subsection (b), by striking ``or imprisoned not more 
        than ten years, or both'' and inserting ``and imprisoned not 
        less than 10 years nor more than 30 years'';
            (4) in the first subsection (e), by striking ``or 
        imprisoned not more than 10 years, or both'' and inserting 
        ``and imprisoned not less than 10 years nor more than 30 
        years'';
            (5) by redesignating the second subsection (e) as 
        subsection (f); and
            (6) in subsection (f) as so redesignated by paragraph (5)--
                    (A) by inserting ``attempts or'' before 
                ``conspires''; and
                    (B) by inserting ``attempted or'' before ``the 
                commission''.

SEC. 8. INCLUSION OF INTIMIDATION AND RETALIATION AGAINST WITNESSES IN 
              STATE PROSECUTIONS AS BASIS FOR FEDERAL PROSECUTION.

    Section 1952 of title 18, United States Code, is amended in 
subsection (b)(2), by inserting ``intimidation of, or retaliation 
against, a witness, victim, juror, or informant,'' after ``extortion, 
bribery,''.

SEC. 9. 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 or not pending, 
about to be instituted or was completed) was intended to be affected or 
was completed, or in which the conduct constituting the alleged offense 
occurred.''.

SEC. 10. ENSURING FAIR AND EXPEDITIOUS FEDERAL COLLATERAL REVIEW OF 
              CONVICTIONS FOR KILLING A STATE JUDGE OR OTHER PUBLIC 
              SAFETY OFFICER.

    (a) Limits on Cases.--Section 2254 of title 28, United States Code, 
is amended by adding at the end the following:
    ``(j)(1) A court, justice, or judge shall not have jurisdiction to 
consider any claim relating to the judgment or sentence in an 
application described under paragraph (2), unless the applicant shows 
that the claim qualifies for consideration on the grounds described in 
subsection (e)(2). Any such application that is presented to a court, 
justice, or judge other than a district court shall be transferred to 
the appropriate district court for consideration or dismissal in 
conformity with this subsection, except that a court of appeals panel 
must authorize any second or successive application in conformity with 
section 2244 before any consideration by the district court.
    ``(2) This subsection applies to an application for a writ of 
habeas corpus on behalf of a person in custody pursuant to the judgment 
of a State court for a crime that involved the killing of a public 
safety officer while the public safety officer was engaged in the 
performance of official duties, or arising out of the public safety 
officer's performance of official duties or status as a public safety 
officer.
    ``(3) For an application described in paragraph (2), the following 
requirements shall apply in the district court:
            ``(A) Any motion by either party for an evidentiary hearing 
        shall be filed and served not later than 90 days after the 
        State files its answer or, if no timely answer is filed, the 
        date on which such answer is due.
            ``(B) Any motion for an evidentiary hearing shall be 
        granted or denied not later than 30 days after the date on 
        which the party opposing such motion files a pleading in 
        opposition to such motion or, if no timely pleading in 
        opposition is filed, the date on which such pleading in 
        opposition is due.
            ``(C) Any evidentiary hearing shall be--
                    ``(i) convened not less than 60 days after the 
                order granting such hearing; and
                    ``(ii) completed not more than 150 days after the 
                order granting such hearing.
            ``(D) A district court shall enter a final order, granting 
        or denying the application for a writ of habeas corpus, not 
        later than 15 months after the date on which the State files 
        its answer or, if no timely answer is filed, the date on which 
        such answer is due, or not later than 60 days after the case is 
        submitted for decision, whichever is earlier.
            ``(E) If the district court fails to comply with the 
        requirements of this paragraph, the State may petition the 
        court of appeals for a writ of mandamus to enforce the 
        requirements. The court of appeals shall grant or deny the 
        petition for a writ of mandamus not later than 30 days after 
        such petition is filed with the court.
    ``(4) For an application described in paragraph (2), the following 
requirements shall apply in the court of appeals:
            ``(A) A timely filed notice of appeal from an order issuing 
        a writ of habeas corpus shall operate as a stay of that order 
        pending final disposition of the appeal.
            ``(B) The court of appeals shall decide the appeal from an 
        order granting or denying a writ of habeas corpus--
                    ``(i) not later than 120 days after the date on 
                which the brief of the appellee is filed or, if no 
                timely brief is filed, the date on which such brief is 
                due; or
                    ``(ii) if a cross-appeal is filed, not later than 
                120 days after the date on which the appellant files a 
                brief in response to the issues presented by the cross-
                appeal or, if no timely brief is filed, the date on 
                which such brief is due.
            ``(C)(i) Following a decision by a panel of the court of 
        appeals under subparagraph (B), a petition for panel rehearing 
        is not allowed, but rehearing by the court of appeals en banc 
        may be requested. The court of appeals shall decide whether to 
        grant a petition for rehearing en banc not later than 30 days 
        after the date on which the petition is filed, unless a 
        response is required, in which case the court shall decide 
        whether to grant the petition not later than 30 days after the 
        date on which the response is filed or, if no timely response 
        is filed, the date on which the response is due.
            ``(ii) If rehearing en banc is granted, the court of 
        appeals shall make a final determination of the appeal not 
        later than 120 days after the date on which the order granting 
        rehearing en banc is entered.
            ``(D) If the court of appeals fails to comply with the 
        requirements of this paragraph, the State may petition the 
        Supreme Court or a justice thereof for a writ of mandamus to 
        enforce the requirements.
    ``(5)(A) The time limitations under paragraphs (3) and (4) shall 
apply to an initial application described in paragraph (2), any second 
or successive application described in paragraph (2), and any 
redetermination of an application described in paragraph (2) or related 
appeal following a remand by the court of appeals or the Supreme Court 
for further proceedings.
    ``(B) In proceedings following remand in the district court, time 
limits running from the time the State files its answer under paragraph 
(3) shall run from the date the remand is ordered if further briefing 
is not required in the district court. If there is further briefing 
following remand in the district court, such time limits shall run from 
the date on which a responsive brief is filed or, if no timely 
responsive brief is filed, the date on which such brief is due.
    ``(C) In proceedings following remand in the court of appeals, the 
time limit specified in paragraph (4)(B) shall run from the date the 
remand is ordered if further briefing is not required in the court of 
appeals. If there is further briefing in the court of appeals, the time 
limit specified in paragraph (4)(B) shall run from the date on which a 
responsive brief is filed or, if no timely responsive brief is filed, 
from the date on which such brief is due.
    ``(6) The failure of a court to meet or comply with a time 
limitation under this subsection shall not be a ground for granting 
relief from a judgment of conviction or sentence, nor shall the time 
limitations under this subsection be construed to entitle a capital 
applicant to a stay of execution, to which the applicant would 
otherwise not be entitled, for the purpose of litigating any 
application or appeal.
    ``(7) In this subsection--
            ``(A) the term `public safety officer' has the meaning 
        given such term in section 1123 of title 18 and also includes a 
        law enforcement officer; and
            ``(B) the term `law enforcement officer' means an 
        individual involved in crime and juvenile delinquency control 
        or reduction, or enforcement of the laws, including police, 
        prosecutors, corrections, probation, parole, and judicial 
        officers.''.
    (b) Application to Pending Cases.--
            (1) In general.--The amendment made by subsection (a) 
        applies to cases pending on the date of the enactment of this 
        Act as well as to cases commenced on and after that date.
            (2) Special rule for time limits.--In a case pending on the 
        date of the enactment of this Act, if the amendment made by 
        subsection (a) provides that a time limit runs from an event or 
        time that has occurred before that date, the time limit shall 
        instead run from that date.

SEC. 11. WITNESS PROTECTION GRANT PROGRAM.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
is amended by inserting after part BB (42 U.S.C. 3797j et seq.) the 
following new part:

                  ``PART CC--WITNESS PROTECTION GRANTS

``SEC. 2811. PROGRAM AUTHORIZED.

    ``(a) In General.--From amounts made available to carry out this 
part, the Attorney General may make grants to States, units of local 
government, and Indian tribes to create and expand witness protection 
programs in order to prevent threats, intimidation, and retaliation 
against victims of, and witnesses to, crimes.
    ``(b) Uses of Funds.--Grants awarded under this part shall be--
            ``(1) distributed directly to the State, unit of local 
        government, or Indian tribe; and
            ``(2) used for the creation and expansion of witness 
        protection programs in the jurisdiction of the grantee.
    ``(c) Preferential Consideration.--In awarding grants under this 
part, the Attorney General may give preferential consideration, if 
feasible, to an application from a jurisdiction that--
            ``(1) has the greatest need for witness and victim 
        protection programs;
            ``(2) has a serious violent crime problem in the 
        jurisdiction; and
            ``(3) has had, or is likely to have, instances of threats, 
        intimidation, and retaliation against victims of, and witnesses 
        to, crimes.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2006 through 2010.''.

SEC. 12. 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 at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) 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. 13. JUDICIAL BRANCH SECURITY REQUIREMENTS.

    (a) Ensuring Consultation and Coordination With the Administrative 
Office of the United States Courts.--Section 566 of title 28, United 
States Code, is amended by adding at the end the following:
    ``(i) The United States Marshals Service shall consult and 
coordinate with the Administrative Office of the United States Courts 
on a continuing basis regarding the security requirements for the 
Judicial Branch.''.
    (b) Conforming Amendment.--Section 604(a) of title 28, United 
States Code, is amended--
            (1) by redesignating existing paragraph (24) as paragraph 
        (25);
            (2) by striking ``and'' at the end of paragraph (23); and
            (3) by inserting after paragraph (23) the following:
            ``(24) Consult and coordinate with the United States 
        Marshals Service on a continuing basis regarding the security 
        requirements for the Judicial Branch; and''.

SEC. 14. PROTECTIONS AGAINST MALICIOUS RECORDING OF FICTITIOUS LIENS 
              AGAINST FEDERAL JUDGES AND ATTORNEYS.

    (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 attorney by false 
              claim or slander of title
    ``(a) Whoever files or attempts 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 a 
Federal judge, Federal attorney, or a public safety officer, shall be 
fined under this title or imprisoned for not more than 10 years, or 
both.
    ``(b) As used in this section--
            ``(1) the term `Federal judge' means a justice or judge of 
        the United States as defined in 28 U.S.C. Sec. 451, a judge of 
        the United States Court of Federal Claims, a United States 
        bankruptcy judge, a United States magistrate judge, and a judge 
        of the United States Court of Appeals for the Armed Forces, 
        United States Court of Appeals for Veterans Claims, United 
        States Tax Court, District Court of Guam, District Court of the 
        Northern Mariana Islands, or District Court of the Virgin 
        Islands;
            ``(2) the term `Federal attorney' means an attorney who is 
        an officer or employee of the United States in the executive 
        branch of the Government;
            ``(3) the term `public safety officer' has the meaning 
        given that term in section 1123 of title 18 and also includes a 
        law enforcement officer; and
            ``(4) the term `law enforcement officer' means an 
        individual involved in crime and juvenile delinquency control 
        or reduction, or enforcement of the laws, including police, 
        prosecutors, corrections, probation, parole, and judicial 
        officers.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
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 attorney by false claim 
                            or slander of title.''.

SEC. 15. EMERGENCY AUTHORITY TO CONDUCT COURT PROCEEDINGS OUTSIDE THE 
              TERRITORIAL JURISDICTION OF THE COURT.

    (a) Circuit Courts.--Section 48 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(e) Each court of appeals may hold special sessions at any place 
outside the circuit as the nature of the business may require and upon 
such notice as the court orders, upon a finding by either the chief 
judge of the court of appeals (or, if the chief judge is unavailable, 
the most senior available active judge of the court of appeals) or the 
judicial council of the circuit that, because of emergency conditions, 
no location within the circuit is reasonably available where such 
special sessions could he held. The court may transact any business at 
a special session outside the circuit which it might transact at a 
regular session.''.
    (b) District Courts.--Section 141 of title 28, United States Code, 
is amended--
            (1) by inserting ``(a)(1)'' before ``Special'';
            (2) by inserting ``(2)'' before ``Any''; and
            (3) by adding at the end the following:
    ``(b) Special sessions of the district court may be held at such 
places outside the district as the nature of the business may require 
and upon such notice as the court orders, upon a finding by either the 
chief judge of the district court (or, if the chief judge is 
unavailable, the most senior available active judge of the district 
court) or the judicial council of the circuit that, because of 
emergency conditions, no location within the district is reasonably 
available where such special sessions could be held. Any business may 
be transacted at a special session outside the district which might be 
transacted at a regular session. The district court may summon jurors 
from within the district to serve in any case in which special sessions 
are conducted outside the district pursuant to the provisions of this 
section.''.
    (c) Bankruptcy Courts.--Section 152(c) of title 28, United States 
Code, is amended--
            (1) by inserting ``(1)'' after ``(c)'';
            (2) by adding at the end the following:
            ``(2) Bankruptcy judges may hold court at such places 
        outside the judicial district as the nature of the business of 
        the court may require, and upon such notice as the court 
        orders, upon a finding by either the chief judge of the 
        bankruptcy court (or, if the chief judge is unavailable, the 
        most senior available bankruptcy judge) or by the judicial 
        council of the circuit that, because of emergency conditions, 
        no location within the district is reasonably available where 
        the bankruptcy judges could hold court. Bankruptcy judges may 
        transact any business at special sessions of court held outside 
        the district that might be transacted at a regular session.''.

SEC. 16. PROHIBITION OF POSSESSION OF DANGEROUS WEAPONS IN FEDERAL 
              COURT FACILITIES.

    Section 930(e) of title 18, United States Code, is amended by 
inserting ``or other dangerous weapon'' after ``firearm''.

SEC. 17. REPEAL OF SUNSET PROVISION.

    Section 105(b)(3) of the Ethics in Government Act of 1978 (5 U.S.C. 
App) is amended by striking subparagraph (E).

SEC. 18. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN FEDERAL AND 
              FEDERALLY ASSISTED FUNCTIONS.

    (a) Offense.--Chapter 7 of title 18, United States Code, is amended 
by adding at the end the following:
``Sec. 117. Protection of individuals performing certain Federal and 
              federally assisted functions
    ``(a) Whoever knowingly makes restricted personal information about 
a covered official publicly available through the Internet shall be 
fined under this title and imprisoned not more than 5 years, or both.
    ``(b) It is a defense to a prosecution under this section that--
            ``(1) the defendant is a provider of Internet services and 
        did not knowingly participate in the offense; or
            ``(2) the covered official gave permission to make the 
        restricted personal information publicly available.
    ``(c) As used 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; and
            ``(2) the term `covered official' means--
                    ``(A) an individual designated in section 1114;
                    ``(B) a public safety officer (as that term is 
                defined in section 1521); or
                    ``(C) 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.''.
    (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:

``117. Protection of individuals performing certain Federal and 
                            federally assisted functions.''.

SEC. 19. ELIGIBILITY OF STATE COURTS FOR CERTAIN FEDERAL GRANTS.

    (a) Purpose of Grants.--Section 510(b) of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3760) is amended by inserting 
``State courts,'' after ``institutions''.
    (b) Correctional Options Grants.--Section 515 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3760) 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.''.
    (c) Allocations.--Section 516(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended--
            (1) strike ``80'' and insert ``70'';
            (2) strike ``and'' before ``10''; and
            (3) by inserting before the period the following: ``, and 
        10 percent for section 515(a)(4)''.

SEC. 20. APPOINTMENTS OF UNITED STATES MARSHALS.

    (a) Appointments of Marshals.--
            (1) In general.--Chapter 37 of title 28, United States 
        Code, is amended--
                    (A) in section 561(c)--
                            (i) by striking ``The President shall 
                        appoint, by and with the advice and consent of 
                        the Senate,'' and inserting ``The Attorney 
                        General shall appoint''; and
                            (ii) by inserting ``United States marshals 
                        shall be appointed subject to the provisions of 
                        title 5 governing appointments in the 
                        competitive civil service, and shall be paid in 
                        accordance with the provisions of chapter 51 
                        and subchapter III of chapter 53 of such title 
                        relating to classification and pay rates.'' 
                        after the first sentence;
                    (B) by striking subsection (d) of section 561;
                    (C) by redesignating subsections (e), (f), (g), 
                (h), and (i) of section 561 as subsections (d), (e), 
                (f), (g), and (h), respectively; and
                    (D) by striking section 562.
            (2) Clerical amendment.--The table of sections for chapter 
        37 of title 28, United States Code, is amended by striking the 
        item relating to section 562.
    (b) Marshals in Office Before Effective Date.--Notwithstanding the 
amendments made by this Act, each marshal appointed under chapter 37 of 
title 28, United States Code, before the effective date of this Act 
shall, unless that marshal resigns or is removed by the President, 
continue to perform the duties of that office until the expiration of 
that marshal's term and the appointment of a successor.
    (c) Effective Date.--This section and the amendments made by this 
section shall take effect on January 20, 2005, and shall apply to 
appointments made on and after that date.
                                 <all>