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







                                                 Union Calendar No. 148
109th CONGRESS
  1st Session
                                H. R. 1751

                          [Report No. 109-271]

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

                            November 7, 2005

 Additional sponsors: Mr. Boustany, Mr. Wilson of South Carolina, Mr. 
Kuhl of New York, Mr. Chabot, Mr. Daniel E. Lungren of California, Mr. 
                Conaway, Mr. Alexander, and Mr. Gallegly

                            November 7, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                               21, 2005]

_______________________________________________________________________

                                 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 each of subparagraphs (A) and (B) of subsection 
        (a)(1), by inserting ``federally funded public safety officer 
        (as defined for the purposes of section 1123)'' after ``Federal 
        law enforcement officer,'';
            (2) so that subsection (b) reads as follows:
    ``(b)(1) Except as provided in paragraph (2), the punishment for an 
offense under this section is as follows:
            ``(A) The punishment for an assault in violation of this 
        section is the same as that provided for a like offense under 
        section 111.
            ``(B) The punishment for a kidnapping, attempted 
        kidnapping, or conspiracy to kidnap in violation of this 
        section is the same as provided for a like violation in section 
        1201.
            ``(C) The punishment for a murder, attempted murder, or 
        conspiracy to murder in violation of this section is the same 
        as provided for a like offense under section 1111, 1113, and 
        1117.
            ``(D) A threat made in violation of this section shall be 
        punished by a fine under this title or imprisonment for not 
        more than 10 years, or both.
    ``(2) If the victim of the offense under this section is an 
immediate family member of a United States judge, a Federal law 
enforcement officer (as defined for the purposes of section 1114) or of 
a federally funded public safety officer (as defined for the purposes 
of section 1123), in lieu of the punishments otherwise provided by 
paragraph (1), the punishments shall be as follows:
            ``(A) The punishment for an assault in violation of this 
        section is as follows:
                    ``(i) If the assault is a simple assault, a fine 
                under this title or a term of imprisonment for not more 
                than one year, or both.
                    ``(ii) If the assault resulted in bodily injury (as 
                defined in section 1365), a fine under this title and a 
                term of imprisonment for not less than one year nor 
                more than 10 years.
                    ``(iii) If the assault resulted in substantial 
                bodily injury (as defined in section 113), a fine under 
                this title and a term of imprisonment for not less than 
                3 years nor more than 12 years.
                    ``(iv) If the assault resulted in serious bodily 
                injury (as defined in section 2119), a fine under this 
                title and a term of imprisonment for not less than 10 
                years nor more than 30 years.
            ``(B) The punishment for a kidnapping, 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.
            ``(C) 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, if death results, the offender 
        may be sentenced to death.
            ``(D) A threat made in violation of this section shall be 
        punished by a fine under this title and imprisonment for not 
        less than one year nor more than 10 years.
            ``(E) If a dangerous weapon was used during and in relation 
        to the offense, the punishment shall include a term of 
        imprisonment of 5 years in addition to that otherwise imposed 
        under this paragraph.''.

SEC. 3. PENALTIES FOR CERTAIN ASSAULTS.

    (a) Inclusion of Federally Funded Public Safety Officers.--Section 
111(a) of title 18, United States Code, is amended--
            (1) in paragraph (1), by inserting ``or a federally funded 
        public safety officer (as defined in section 1123)'' after 
        ``1114 of this title''; and
            (2) in paragraph (2), by inserting ``or a federally funded 
        public safety officer (as defined in section 1123)'' after 
        ``1114''.
    (b) Alternate Penalty Where Victim Is a United States Judge, a 
Federal Law Enforcement Officer, or Federally Funded Public Safety 
Officer.--Section 111 of title 18, United States Code, is amended by 
adding at the end the following:
    ``(c) Alternate Penalty Where Victim Is a United States Judge, a 
Federal Law Enforcement Officer, or Federally Funded Public Safety 
Officer.--(1) Except as provided in paragraph (2), if the offense is an 
assault and the victim of the offense under this section is a United 
States judge, a Federal law enforcement officer (as defined for the 
purposes of section 1114) or of a federally funded public safety 
officer (as defined for the purposes of section 1123), in lieu of the 
penalties otherwise set forth in this section, the offender shall be 
subject to a fine under this title and--
            ``(A) If the assault is a simple assault, a fine under this 
        title or 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), shall be imprisoned not less than one nor 
        more than 10 years;
            ``(C) if the assault resulted in substantial bodily injury 
        (as defined in section 113), shall be imprisoned not less than 
        3 nor more than 12 years; and
            ``(D) if the assault resulted in serious bodily injury (as 
        defined in section 2119), shall be imprisoned not less than 10 
        nor more than 30 years.
    ``(2) If a dangerous weapon was used during and in relation to the 
offense, the punishment shall include a term of imprisonment of 5 years 
in addition to that otherwise imposed under this subsection.''.

SEC. 4. 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) 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 by a fine under this 
title and imprisonment for any term of years not less than 30, or for 
life, or, if death results, may be sentenced to death.
    ``(b) 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, the National Guard of a State to the extent the 
        personnel of that National Guard are not in Federal service, 
        and the defense forces of a State authorized by section 109 of 
        title 32) 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, as a judicial 
        officer, as a law enforcement 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, pretrial services officers, court reporters, 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; and
            ``(5) the term `law enforcement officer' means an 
        individual involved in crime and juvenile delinquency control 
        or reduction, or enforcement of the laws.''.
    (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 funded public safety officers.''.

SEC. 5. GENERAL MODIFICATIONS OF FEDERAL MURDER CRIME AND RELATED 
              CRIMES.

    (a) Murder Amendments.--Section 1111 of title 18, United States 
Code, is amended in subsection (b), by inserting ``not less than 30'' 
after ``any term of years''.
    (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''.

SEC. 6. 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 or conspires 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.''; and
            (2) in subsection (b), by striking paragraphs (1) through 
        (3) and inserting the following:
            ``(1) in the case of a killing, or an attempt or a 
        conspiracy to kill, the punishment provided in section 1111, 
        1112, 1113, and 1117; and
            ``(2) in any other case, a fine under this title and 
        imprisonment for not more than 30 years.''.

SEC. 7. 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 each of paragraphs (1) and (2) of subsection (a), 
        insert ``or conspires'' after ``attempts'';
            (2) 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;'';
            (3) 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'';
            (4) in subsection (b), by striking ``ten years'' and 
        inserting ``30 years''; and
            (5) in subsection (d), by striking ``one year'' and 
        inserting ``20 years''.

SEC. 8. MODIFICATION OF RETALIATION OFFENSE.

    Section 1513 of title 18, United States Code, is amended--
            (1) in subsection (a)(1), by inserting ``or conspires'' 
        after ``attempts'';
            (2) in subsection (a)(1)(B)--
                    (A) by inserting a comma after ``probation''; and
                    (B) by striking the comma which immediately follows 
                another comma;
            (3) in subsection (a)(2)(B), by striking ``20 years'' and 
        inserting ``30 years'';
            (4) in subsection (b), by striking ``ten years'' and 
        inserting ``30 years'';
            (5) in the first subsection (e), by striking ``10 years'' 
        and inserting ``30 years''; and
            (6) by redesignating the second subsection (e) as 
        subsection (f).

SEC. 9. 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. 10. 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 completed) was intended to be affected or was 
completed, or in which the conduct constituting the alleged offense 
occurred.''.

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 ``; and'' ; 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 with the 
Administrative Office of the United States Courts on a continuing basis 
regarding the security requirements for the Judicial Branch, and inform 
the Administrative Office of the measures the Marshals Service intends 
to take to meet those requirements.''.
    (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 with the United States Marshals Service on a 
        continuing basis regarding the security requirements for the 
        Judicial Branch, and inform the Administrative Office of the 
        measures the Marshals Service intends to take to meet those 
        requirements; and''.

SEC. 14. PROTECTIONS AGAINST MALICIOUS RECORDING OF FICTITIOUS LIENS 
              AGAINST A FEDERAL EMPLOYEE.

    (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 employee by false claim or 
              slander of title
    ``Whoever, with the intent to harass a person designated in section 
1114 on account of the performance of official duties, files, 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 that person, or attempts or conspires to do so, shall be 
fined under this title or imprisoned not more than 10 years, or 
both.''.
    (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 employee by false claim or 
                            slander of title.''.

SEC. 15. 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. 16. 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. 17. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN FEDERAL AND OTHER 
              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, and with intent to harm, intimidate, or 
retaliate against a covered official makes restricted personal 
information about that 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 the 
defendant is a provider of Internet services and did not knowingly 
participate in the offense.
    ``(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 1204 of the Omnibus Crime Control 
                and Safe Streets Act of 1968); 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. 18. ELIGIBILITY OF COURTS TO APPLY DIRECTLY FOR LAW ENFORCEMENT 
              DISCRETIONARY GRANTS AND REQUIREMENT THAT STATE AND LOCAL 
              GOVERNMENTS CONSIDER COURTS WHEN APPLYING FOR GRANT 
              FUNDS.

    (a) Courts Treated as Units of Local Governments for Purposes of 
Discretionary Grants.--Section 901 of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3791) is amended in subsection 
(a)(3)--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively; and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) the judicial branch of a State or of a unit 
                of local government within the State for purposes of 
                discretionary grants;''.
    (b) State and Local Governments to Consider Courts.--The Attorney 
General shall ensure that whenever a State or unit of local government 
applies for a grant from the Department of Justice, the State or unit 
demonstrate that, in developing the application and distributing funds, 
the State or unit--
            (1) considered the needs of the judicial branch of the 
        State or unit, as the case may be; and
            (2) consulted with the chief judicial officer of the 
        highest court of the State or unit, as the case may be.

SEC. 19. REPORT ON SECURITY OF FEDERAL PROSECUTORS.

    Not later than 90 days after the date of the enactment of this Act, 
the Attorney General shall submit to the Committee on the Judiciary of 
the House of Representatives and the Committee on the Judiciary of the 
Senate 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, and those who commit fraud and other white-collar 
offenses. The report shall describe each of the following:
            (1) The number and nature of threats and assaults against 
        attorneys handling those prosecutions and the reporting 
        requirements and methods.
            (2) The security measures that are in place to protect the 
        attorneys who are handling those prosecutions, including 
        measures such as 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 Department of Justice's firearms deputation 
        policies, including the number of attorneys deputized and the 
        time between receipt of threat and completion of the deputation 
        and training process.
            (4) For each measure covered by paragraphs (1) through (3), 
        when the report or measure was developed and who was 
        responsible for developing and implementing the report or 
        measure.
            (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 the attorneys 
        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 such attorneys 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 Department of Justice's policy 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 the attorneys, 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, the 
        attorneys.

SEC. 20. FLIGHT TO AVOID PROSECUTION FOR KILLING PEACE OFFICERS.

    (a) Flight.--Chapter 49 of title 18, United States Code, is amended 
by adding at the end the following:
``Sec. 1075. Flight to avoid prosecution for killing peace officers
    ``Whoever moves or travels in interstate or foreign commerce with 
intent to avoid prosecution, or custody or confinement after 
conviction, under the laws of the place from which he flees or under 
section 1114 or 1123, for a crime consisting of the killing, an 
attempted killing, or a conspiracy to kill, an individual involved in 
crime and juvenile delinquency control or reduction, or enforcement of 
the laws or for a crime punishable by section 1114 or 1123, shall be 
fined under this title and imprisoned, in addition to any other 
imprisonment for the underlying offense, for any term of years not less 
than 10.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 49 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1075. Flight to avoid prosecution for killing peace officers.''.

SEC. 21. SPECIAL PENALTIES FOR MURDER, KIDNAPPING, AND RELATED CRIMES 
              AGAINST FEDERAL JUDGES AND FEDERAL LAW ENFORCEMENT 
              OFFICERS.

    (a) Murder.--Section 1114 of title 18, United States Code, is 
amended--
            (1) by inserting ``(a)'' before ``Whoever''; and
            (2) by adding at the end the following:
    ``(b) If the victim of a murder punishable under this section is a 
United States judge (as defined in section 115) or a Federal law 
enforcement officer (as defined in 115) the offender shall be punished 
by a fine under this title and imprisonment for any term of years not 
less than 30, or for life, or, if death results, may be sentenced to 
death.''.
    (b) Kidnapping.--Section 1201(a) of title 18, United States Code, 
is amended by adding at the end the following: ``If the victim of the 
offense punishable under this subsection is a United States judge (as 
defined in section 115) or a Federal law enforcement officer (as 
defined in 115) the offender shall be punished by a fine under this 
title and imprisonment for any term of years not less than 30, or for 
life, or, if death results, may be sentenced to death.''.

SEC. 22. MEDIA COVERAGE OF COURT PROCEEDINGS.

    (a) Findings.--The Congress makes the following findings:
            (1) The right of the people of the United States to freedom 
        of speech, particularly as it relates to comment on 
        governmental activities, as protected by the first amendment to 
        the Constitution, cannot be meaningfully exercised without the 
        ability of the public to obtain facts and information about the 
        Government upon which to base their judgments regarding 
        important issues and events. As the United States Supreme Court 
        articulated in Craig v. Harney, 331 U.S. 367 (1947), ``A trial 
        is a public event. What transpires in the court room is public 
        property.''.
            (2) The right of the people of the United States to a free 
        press, with the ability to report on all aspects of the conduct 
        of the business of government, as protected by the first 
        amendment to the Constitution, cannot be meaningfully exercised 
        without the ability of the news media to gather facts and 
        information freely for dissemination to the public.
            (3) The right of the people of the United States to 
        petition the Government to redress grievances, particularly as 
        it relates to the manner in which the Government exercises its 
        legislative, executive, and judicial powers, as protected by 
        the first amendment to the Constitution, cannot be meaningfully 
        exercised without the availability to the public of information 
        about how the affairs of government are being conducted. As the 
        Supreme Court noted in Richmond Newspapers, Inc. v. 
        Commonwealth of Virginia (1980), ``People in an open society do 
        not demand infallibility from their institutions, but it is 
        difficult for them to accept what they are prohibited from 
        observing.''.
            (4) In the twenty-first century, the people of the United 
        States obtain information regarding judicial matters involving 
        the Constitution, civil rights, and other important legal 
        subjects principally through the print and electronic media. 
        Television, in particular, provides a degree of public access 
        to courtroom proceedings that more closely approximates the 
        ideal of actual physical presence than newspaper coverage or 
        still photography.
            (5) Providing statutory authority for the courts of the 
        United States to exercise their discretion in permitting 
        televised coverage of courtroom proceedings would enhance 
        significantly the access of the people to the Federal 
        judiciary.
            (6) Inasmuch as the first amendment to the Constitution 
        prevents Congress from abridging the ability of the people to 
        exercise their inherent rights to freedom of speech, to freedom 
        of the press, and to petition the Government for a redress of 
        grievances, it is good public policy for the Congress 
        affirmatively to facilitate the ability of the people to 
        exercise those rights.
            (7) The granting of such authority would assist in the 
        implementation of the constitutional guarantee of public trials 
        in criminal cases, as provided by the sixth amendment to the 
        Constitution. As the Supreme Court stated in In re Oliver 
        (1948), ``Whatever other benefits the guarantee to an accused 
        that his trial be conducted in public may confer upon our 
        society, the guarantee has always been recognized as a 
        safeguard against any attempt to employ our courts as 
        instruments of persecution. The knowledge that every criminal 
        trial is subject to contemporaneous review in the forum of 
        public opinion is an effective restraint on possible abuse of 
        judicial power.''.
    (b) Authority of Presiding Judge to Allow Media Coverage of Court 
Proceedings.--
            (1) Authority of appellate courts.--Notwithstanding any 
        other provision of law, the presiding judge of an appellate 
        court of the United States may, in his or her discretion, 
        permit the photographing, electronic recording, broadcasting, 
        or televising to the public of court proceedings over which 
        that judge presides.
            (2) Authority of district courts.--
                    (A) In general.--Notwithstanding any other 
                provision of law, any presiding judge of a district 
                court of the United States may, in his or her 
                discretion, permit the photographing, electronic 
                recording, broadcasting, or televising to the public of 
                court proceedings over which that judge presides.
                    (B) Obscuring of witnesses and jurors.--(i) Upon 
                the request of any witness (other than a party) or a 
                juror in a trial proceeding, the court shall order the 
                face and voice of the witness or juror (as the case may 
                be) to be disguised or otherwise obscured in such 
                manner as to render the witness or juror unrecognizable 
                to the broadcast audience of the trial proceeding.
                    (ii) The presiding judge in a trial proceeding 
                shall inform--
                            (I) each witness who is not a party that 
                        the witness has the right to request that his 
                        or her image and voice be obscured during the 
                        witness' testimony; and
                            (II) each juror that the juror has the 
                        right to request that his or her image be 
                        obscured during the trial proceeding.
            (3) Advisory guidelines.--The Judicial Conference of the 
        United States is authorized to promulgate advisory guidelines 
        to which a presiding judge, in his or her discretion, may refer 
        in making decisions with respect to the management and 
        administration of photographing, recording, broadcasting, or 
        televising described in paragraphs (1) and (2).
    (c) Definitions.--In this section:
            (1) Presiding judge.--The term ``presiding judge'' means 
        the judge presiding over the court proceeding concerned. In 
        proceedings in which more than one judge participates, the 
        presiding judge shall be the senior active judge so 
        participating or, in the case of a circuit court of appeals, 
        the senior active circuit judge so participating, except that--
                    (A) in en banc sittings of any United States 
                circuit court of appeals, the presiding judge shall be 
                the chief judge of the circuit whenever the chief judge 
                participates; and
                    (B) in en banc sittings of the Supreme Court of the 
                United States, the presiding judge shall be the Chief 
                Justice whenever the Chief Justice participates.
            (2) Appellate court of the united states.--The term 
        ``appellate court of the United States'' means any United 
        States circuit court of appeals and the Supreme Court of the 
        United States.
    (d) Sunset.--The authority under subsection (b)(2) shall terminate 
on the date that is 3 years after the date of the enactment of this 
Act.

SEC. 23. FUNDING FOR STATE COURTS TO ASSESS AND ENHANCE COURT SECURITY 
              AND EMERGENCY PREPAREDNESS.

    (a) In General.--The Attorney General, through the Office of 
Justice Programs, shall make grants under this section to the highest 
State courts in States participating in the program, for the purpose of 
enabling such courts--
            (1) to conduct assessments focused on the essential 
        elements for effective courtroom safety and security planning; 
        and
            (2) to implement changes deemed necessary as a result of 
        the assessments.
    (b) Essential Elements.--As used in subsection (a)(1), the 
essential elements include, but are not limited to--
            (1) operational security and standard operating procedures;
            (2) facility security planning and self-audit surveys of 
        court facilities;
            (3) emergency preparedness and response and continuity of 
        operations;
            (4) disaster recovery and the essential elements of a plan;
            (5) threat assessment;
            (6) incident reporting;
            (7) security equipment;
            (8) developing resources and building partnerships; and
            (9) new courthouse design.
    (c) Applications.--To be eligible for a grant under this section, a 
highest State court shall submit to the Attorney General an application 
at such time, in such form, and including such information and 
assurances as the Attorney General shall require.
    (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. 24. 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.

SEC. 25. GRANTS TO STATES FOR THREAT ASSESSMENT DATABASES.

    (a) In General.--From amounts made available to carry out this 
section, the Attorney General shall carry out a program under which the 
Attorney General makes grants to States for use by the State to 
establish and maintain a threat assessment database described in 
subsection (b).
    (b) Database.--For purposes of subsection (a), a threat assessment 
database is a database through which a State can--
            (1) analyze trends and patterns in domestic terrorism and 
        crime;
            (2) project the probabilities that specific acts of 
        domestic terrorism or crime will occur; and
            (3) develop measures and procedures that can effectively 
        reduce the probabilities that those acts will occur.
    (c) Core Elements.--The Attorney General shall define a core set of 
data elements to be used by each database funded by this section so 
that the information in the database can be effectively shared with 
other States and with the Department of Justice.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2006 through 2009.

SEC. 26. GRANTS FOR YOUNG WITNESS ASSISTANCE.

    (a) Definitions.--For purposes of this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Justice Assistance.
            (2) Juvenile.--The term ``juvenile'' means an individual 
        who is 17 years of age or younger.
            (3) Young adult.--The term ``young adult'' means an 
        individual who is between the ages of 18 and 21.
            (4) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands.
    (b) Program Authorization.--The Director may make grants to State 
and local prosecutors and law enforcement agencies in support of 
juvenile and young adult witness assistance programs, including State 
and local prosecutors and law enforcement agencies that have existing 
juvenile and adult witness assistance programs.
    (c) Eligibility.--To be eligible to receive a grant under this 
section, State and local prosecutors and law enforcement officials 
shall--
            (1) submit an application to the Director in such form and 
        containing such information as the Director may reasonably 
        require; and
            (2) give assurances that each applicant has developed, or 
        is in the process of developing, a witness assistance program 
        that specifically targets the unique needs of juvenile and 
        young adult witnesses and their families.
    (d) Use of Funds.--Grants made available under this section may be 
used--
            (1) to assess the needs of juvenile and young adult 
        witnesses;
            (2) to develop appropriate program goals and objectives; 
        and
            (3) to develop and administer a variety of witness 
        assistance services, which includes--
                    (A) counseling services to young witnesses dealing 
                with trauma associated in witnessing a violent crime;
                    (B) pre- and post-trial assistance for the youth 
                and their family;
                    (C) providing education services if the child is 
                removed from or changes their school for safety 
                concerns;
                    (D) protective services for young witnesses and 
                their families when a serious threat of harm from the 
                perpetrators or their associates is made; and
                    (E) community outreach and school-based initiatives 
                that stimulate and maintain public awareness and 
                support.
    (e) Reports.--
            (1) Report.--State and local prosecutors and law 
        enforcement agencies that receive funds under this section 
        shall submit to the Director a report not later than May 1st of 
        each year in which grants are made available under this 
        section. Reports shall describe progress achieved in carrying 
        out the purpose of this section.
            (2) Report to congress.--The Director shall submit to 
        Congress a report by July 1st of each year which contains a 
        detailed statement regarding grant awards, activities of grant 
        recipients, a compilation of statistical information submitted 
        by applicants, and an evaluation of programs established under 
        this section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2006, 2007, and 2008.
                                                 Union Calendar No. 148

109th CONGRESS

  1st Session

                               H. R. 1751

                          [Report No. 109-271]

_______________________________________________________________________

                                 A BILL

To amend title 18, United States Code, to protect judges, prosecutors, 
 witnesses, victims, and their family members, and for other purposes.

_______________________________________________________________________

                            November 7, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed