[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1968 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1968

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 2005

  Mr. Specter (for himself, Mr. Leahy, and Mr. Cornyn) introduced the 
 following bill; which was read twice and 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.

    (a) Short Title.--This Act may be cited as the ``Court Security 
Improvement Act of 2005''.

SEC. 2. JUDICIAL BRANCH SECURITY REQUIREMENTS.

    (a) Ensuring Consultation and Coordination With the Judiciary.--
Section 566 of title 28, United States Code, is amended by adding at 
the end the following:
    ``(i) The Director of the United States Marshals Service shall 
consult and coordinate with the Judicial Conference of the United 
States on a continuing basis regarding the security requirements for 
the judicial branch of the United States Government.''.
    (b) Conforming Amendment.--Section 331 of title 28, United States 
Code, is amended by adding at the end the following:
    ``The Judicial Conference shall consult and coordinate with the 
Director of United States Marshals Service on a continuing basis 
regarding the security requirements for the judicial branch of the 
United States Government.''.

SEC. 3. PROTECTION OF FAMILY MEMBERS.

    Section 105(b)(3) of the Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) in subparagraph (A), by inserting ``or a family member 
        of that individual'' after ``that individual''; and
            (2) in subparagraph (B)(i), by inserting ``or a family 
        member of that individual'' after ``the report''.

SEC. 4. EXTENSION OF SUNSET PROVISION.

    Section 105(b)(3) of the Ethics in Government Act of 1978 (5 U.S.C. 
App) is amended by striking ``2005'' each place that term appears and 
inserting ``2009''.

SEC. 5. PROTECTIONS AGAINST MALICIOUS RECORDING OF FICTITIOUS LIENS 
              AGAINST FEDERAL JUDGES AND FEDERAL LAW ENFORCEMENT 
              OFFICERS.

    (a) Offense.--Chapter 73 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1521. Retaliating against a Federal judge or Federal law 
              enforcement officer by false claim or slander of title
    ``(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 or a Federal law enforcement official, on account of the 
performance of official duties by that Federal judge or Federal law 
enforcement official, knowing or having reason to know that such lien 
or encumbrance is false or contains any materially false, fictitious, 
or fraudulent statement or representation, shall be fined under this 
title or imprisoned for not more than 10 years, or both.
    ``(b) As used in this section--
            ``(1) the term `Federal judge' means a justice or judge of 
        the United States as defined in section 451 of title 28, United 
        States Code, 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; and
            ``(2) the term `Federal law enforcement officer' has the 
        meaning given that term in section 115 of this title and 
        includes an attorney who is an officer or employee of the 
        United States in the executive branch of the Government.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 73 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

        ``Sec. 1521. Retaliating against a Federal judge or Federal law 
                            enforcement officer by false claim or 
                            slander of title.''.

SEC. 6. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN OFFICIAL DUTIES.

    (a) Offense.--Chapter 7 of title 18, United States Code, is amended 
by adding at the end the following:
``Sec. 117. Protection of individuals performing certain official 
              duties
    ``(a) Whoever knowingly makes restricted personal information about 
a covered official, or a member of the immediate family of that covered 
official, publicly available, with the intent that such restricted 
personal information be used to kill, kidnap, or inflict bodily harm 
upon, or to threaten to kill, kidnap, or inflict bodily harm upon, that 
covered official, or a member of the immediate family of that covered 
official, shall be fined under this title and imprisoned not more than 
5 years, or both.
    ``(b) 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;
            ``(2) the term `covered official' means--
                    ``(A) an individual designated in section 1114;
                    ``(B) a Federal judge or Federal law enforcement 
                officer as those terms are 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; and
            ``(3) the term `immediate family' has the same meaning 
        given that term in section 115(c)(2).''.
    (b) Clerical Amendment.--The chapter analysis for chapter 7 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

        ``Sec. 117. Protection of individuals performing certain 
                            official duties.''.

SEC. 7. PROHIBITION OF POSSESSION OF DANGEROUS WEAPONS IN FEDERAL COURT 
              FACILITIES.

    Section 930(e)(1) of title 18, United States Code, is amended by 
inserting ``or other dangerous weapon'' after ``firearm''.

SEC. 8. 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 in 
which the conduct constituting the alleged offense occurred.''.

SEC. 9. 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 II--WITNESS PROTECTION GRANTS

``SEC. 2995. 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. 10. GRANTS TO STATES TO PROTECT WITNESSES AND VICTIMS OF CRIMES.

    (a) In General.--Section 31702 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(5) 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. 11. 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. 3762a) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) grants to State courts to improve security for State 
        and local court systems.''; and
            (2) in subsection (b), by inserting after the period the 
        following:
``Priority shall be given to State court applicants under subsection 
(a)(4) that have the greatest demonstrated need to provide security in 
order to administer justice.''.
    (c) Allocations.--Section 516(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3762b) is amended by--
            (1) striking ``80'' and inserting ``70'';
            (2) striking ``and 10'' and inserting ``10''; and
            (3) inserting before the period the following: ``, and 10 
        percent for section 515(a)(4)''.

SEC. 12. UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.

    Section 7253(e) of title 38, United States Code, is amended by 
striking ``district courts'' and inserting ``Courts of Appeals''.

SEC. 13. BANKRUPTCY, MAGISTRATE, AND TERRITORIAL JUDGES LIFE INSURANCE.

    (a) Bankruptcy Judges.--Section 153 of title 28, United States 
Code, is amended by adding at the end the following:
    ``(e) For purposes of construing and applying chapter 87 of title 
5, United States Code, including any adjustment of insurance rates by 
regulation or otherwise, a bankruptcy judge of the United States in 
regular active service or who is retired under section 377 of this 
title shall be deemed to be a judge of the United States described 
under section 8701(a)(5) of title 5.''.
    (b) United States Magistrate Judges.--Section 634(c) of title 28, 
United States Code, is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:
            ``(2) For purposes of construing and applying chapter 87 of 
        title 5, United States Code, including any adjustment of 
        insurance rates by regulation or otherwise, a magistrate judge 
        of the United States in regular active service or who is 
        retired under section 377 of this title shall be deemed to be a 
        judge of the United States described under section 8701(a)(5) 
        of title 5.''.
    (c) Territorial Judges.--
            (1) Guam.--Section 24 of the Organic Act of Guam (48 U.S.C. 
        1424b) is amended by adding at the end the following:
    ``(c) For purposes of construing and applying chapter 87 of title 
5, United States Code, including any adjustment of insurance rates by 
regulation or otherwise, a judge appointed under this section who is in 
regular active service or who is retired under section 373 of title 28, 
United States Code, shall be deemed to be a judge of the United States 
described under section 8701(a)(5) of title 5.''.
            (2) Commonwealth of the northern mariana islands.--Section 
        1(b) of the Act of November 8, 1977 (48 U.S.C. 1821) is amended 
        by adding at the end the following:
            ``(5) For purposes of construing and applying chapter 87 of 
        title 5, United States Code, including any adjustment of 
        insurance rates by regulation or otherwise, a judge appointed 
        under this section who is in regular active service or who is 
        retired under section 373 of title 28, United States Code, 
        shall be deemed to be a judge of the United States described 
        under section 8701(a)(5) of title 5.''.
            (3) Virgin islands.--Section 24(a) of the Revised Organic 
        Act of the Virgin Islands (48 U.S.C. 1614(a)) is amended--
                    (A) by inserting ``(1)'' after ``(a)''; and
                    (B) by adding at the end the following:
            ``(2) For purposes of construing and applying chapter 87 of 
        title 5, United States Code, including any adjustment of 
        insurance rates by regulation or otherwise, a judge appointed 
        under this section who is in regular active service or who is 
        retired under section 373 of title 28, United States Code, 
        shall be deemed to be a judge of the United States described 
        under section 8701(a)(5) of title 5.''.

SEC. 14. HEALTH INSURANCE FOR SURVIVING FAMILY AND SPOUSES OF JUDGES.

    Section 8901(3) of title 5, United States Code, is amended--
            (1) in subparagraph (C), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (D), by adding ``and'' after the 
        semicolon; and
            (3) by adding at the end the following:
                    ``(E) a member of a family who is a survivor of--
                            ``(i) a Justice or judge of the United 
                        States, as defined under section 451 of title 
                        28, United States Code;
                            ``(ii) a judge of the District Court of 
                        Guam, the District Court of the Northern 
                        Mariana Islands, or the District Court of the 
                        Virgin Islands;
                            ``(iii) a judge of the United States Court 
                        of Federal Claims; or
                            ``(iv) a United States bankruptcy judge or 
                        a full-time United States magistrate judge.''.
                                 <all>