Short title

This Act may be cited as the

Secure Access to Justice and Court Protection Act of 2005

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.

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.

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:

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

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.

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.

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.

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).

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,.

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.

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:

Witness protection grants

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.

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:

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.

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

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:

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

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.

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).

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:

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

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.

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.

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:

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

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..

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.

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.

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.

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.

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.