Short title

(a)

Short title

This Act may be cited as the

Court Security Improvement Act of 2005

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.

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.

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.

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:

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.

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:

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.

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.

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.

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

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.

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:

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.

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).

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.

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.

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.