[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 660 Enrolled Bill (ENR)]

        H.R.660

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
            the fourth day of January, two thousand and seven


                                 An Act


 
 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 ``Court Security Improvement Act of 
2007''.

          TITLE I--JUDICIAL SECURITY IMPROVEMENTS AND FUNDING

SEC. 101. JUDICIAL BRANCH SECURITY REQUIREMENTS.

    (a) Ensuring Consultation 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 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, to ensure that the views of the 
Judicial Conference regarding the security requirements for the 
judicial branch of the Federal Government are taken into account when 
determining staffing levels, setting priorities for programs regarding 
judicial security, and allocating judicial security resources. In this 
paragraph, the term `judicial security' includes the security of 
buildings housing the judiciary, the personal security of judicial 
officers, the assessment of threats made to judicial officers, and the 
protection of all other judicial personnel. The United States Marshals 
Service retains final authority regarding security requirements for the 
judicial branch of the Federal 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 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, 
to ensure that the views of the Judicial Conference regarding the 
security requirements for the judicial branch of the Federal Government 
are taken into account when determining staffing levels, setting 
priorities for programs regarding judicial security, and allocating 
judicial security resources. In this paragraph, the term `judicial 
security' includes the security of buildings housing the judiciary, the 
personal security of judicial officers, the assessment of threats made 
to judicial officers, and the protection of all other judicial 
personnel. The United States Marshals Service retains final authority 
regarding security requirements for the judicial branch of the Federal 
Government.''.

SEC. 102. PROTECTION OF UNITED STATES TAX COURT.

    (a) In General.--Section 566(a) of title 28, United States Code, is 
amended by striking ``and the Court of International Trade'' and 
inserting ``, the Court of International Trade, and the United States 
Tax Court, as provided by law''.
    (b) Internal Revenue Code.--Section 7456(c) of the Internal Revenue 
Code of 1986 (relating to incidental powers of the Tax Court) is 
amended in the matter following paragraph (3), by striking the period 
at the end, and inserting ``and may otherwise provide, when requested 
by the chief judge of the Tax Court, for the security of the Tax Court, 
including the personal protection of Tax Court judges, court officers, 
witnesses, and other threatened persons in the interests of justice, 
where criminal intimidation impedes on the functioning of the judicial 
process or any other official proceeding. The United States Marshals 
Service retains final authority regarding security requirements for the 
Tax Court.''.
    (c) Reimbursement.--The United States Tax Court shall reimburse the 
United States Marshals Service for protection provided under the 
amendments made by this section.

SEC. 103. 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 $20,000,000 for 
each of fiscal years 2007 through 2011 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, assistant United States attorneys, and 
    other attorneys employed by the Federal Government; and
        (3) for the Office of Protective Intelligence, for hiring 
    senior-level deputy marshals, hiring program analysts, and 
    providing secure computer systems.

SEC. 104. FINANCIAL DISCLOSURE REPORTS.

    Section 105(b)(3) of the Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended by striking ``2009'' each place it appears and 
inserting ``2011''.

TITLE II--CRIMINAL LAW ENHANCEMENTS TO PROTECT JUDGES, FAMILY MEMBERS, 
                             AND WITNESSES

SEC. 201. 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

    ``Whoever files, attempts to file, or conspires 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 an individual described in section 1114, on account of the 
performance of official duties by that individual, 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) 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:
``1521. Retaliating against a Federal judge or Federal law enforcement 
          officer by false claim or slander of title.''.

SEC. 202. 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. 119. Protection of individuals performing certain official 
            duties

    ``(a) In General.--Whoever knowingly makes restricted personal 
information about a covered person, or a member of the immediate family 
of that covered person, publicly available--
        ``(1) with the intent to threaten, intimidate, or incite the 
    commission of a crime of violence against that covered person, or a 
    member of the immediate family of that covered person; or
        ``(2) with the intent and knowledge that the restricted 
    personal information will be used to threaten, intimidate, or 
    facilitate the commission of a crime of violence against that 
    covered person, or a member of the immediate family of that covered 
    person,
shall be fined under this title, imprisoned not more than 5 years, or 
both.
    ``(b) Definitions.--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 person' means--
            ``(A) an individual designated in section 1114;
            ``(B) a grand or petit juror, witness, or other officer in 
        or of, any court of the United States, or an officer who may 
        be, or was, serving at any examination or other proceeding 
        before any United States magistrate judge or other committing 
        magistrate;
            ``(C) an informant or witness in a Federal criminal 
        investigation or prosecution; or
            ``(D) a State or local officer or employee whose restricted 
        personal information is made publicly available because of the 
        participation in, or assistance provided to, a Federal criminal 
        investigation by that officer or employee;
        ``(3) the term `crime of violence' has the meaning given the 
    term in section 16; and
        ``(4) the term `immediate family' has the meaning given the 
    term in section 115(c)(2).''.
    (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:
``119. Protection of individuals performing certain official duties.''.

SEC. 203. 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. 204. 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 pending, about to be 
instituted, or completed) was intended to be affected, or in which the 
conduct constituting the alleged offense occurred.''.

SEC. 205. MODIFICATION OR TAMPERING WITH A WITNESS, VICTIM, OR AN 
              INFORMANT OFFENSE.

    Section 1512 of title 18, United States Code, is amended--
        (1) in subsection (a)(3)--
            (A) by amending subparagraph (A) to read as follows:
        ``(A) in the case of a killing, the punishment provided in 
    sections 1111 and 1112;'';
            (B) in the matter following clause (ii) of subparagraph (B) 
        by striking ``20 years'' and inserting ``30 years''; and
            (C) in subparagraph (C), by striking ``10 years'' and 
        inserting ``20 years'';
        (2) in subsection (b), by striking ``ten years'' and inserting 
    ``20 years''; and
        (3) in subsection (d), by striking ``one year'' and inserting 
    ``3 years''.

SEC. 206. MODIFICATION OF RETALIATION OFFENSE.

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

SEC. 207. GENERAL MODIFICATIONS OF FEDERAL MURDER CRIME AND RELATED 
              CRIMES.

    Section 1112(b) of title 18, United States Code, is amended--
        (1) by striking ``ten years'' and inserting ``15 years''; and
        (2) by striking ``six years'' and inserting ``8 years''.

SEC. 208. ASSAULT PENALTIES.

    (a) In General.--Section 115(b) of title 18, United States Code, is 
amended by striking ``(1)'' and all that follows through the end of 
paragraph (1) and inserting the following: ``(1) The punishment for an 
assault in violation of this section is--
        ``(A) a fine under this title; and
        ``(B)(i) if the assault consists of a simple assault, a term of 
    imprisonment for not more than 1 year;
        ``(ii) if the assault involved physical contact with the victim 
    of that assault or the intent to commit another felony, a term of 
    imprisonment for not more than 10 years;
        ``(iii) if the assault resulted in bodily injury, a term of 
    imprisonment for not more than 20 years; or
        ``(iv) if the assault resulted in serious bodily injury (as 
    that term is defined in section 1365 of this title, and including 
    any conduct that, if the conduct occurred in the special maritime 
    and territorial jurisdiction of the United States, would violate 
    section 2241 or 2242 of this title) or a dangerous weapon was used 
    during and in relation to the offense, a term of imprisonment for 
    not more than 30 years.''.
    (b) Conforming Amendment.--Section 111(a) of title 18, United 
States Code, is amended by striking ``in all other cases'' and 
inserting ``where such acts involve physical contact with the victim of 
that assault or the intent to commit another felony''.

SEC. 209. DIRECTION TO THE SENTENCING COMMISSION.

    The United States Sentencing Commission is directed to review the 
Sentencing Guidelines as they apply to threats punishable under section 
115 of title 18, United States Code, that occur over the Internet, and 
determine whether and by how much that circumstance should aggravate 
the punishment pursuant to section 994 of title 28, United States Code. 
In conducting the study, the Commission shall take into consideration 
the number of such threats made, the intended number of recipients of 
such threats, and whether the initial senders of such threats were 
acting in an individual capacity or as part of a larger group.

TITLE III--PROTECTING STATE AND LOCAL JUDGES AND RELATED GRANT PROGRAMS

SEC. 301. 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) by a State, unit of local government, or Indian tribe 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 2008 through 2012 to carry out this subtitle.''.

SEC. 302. ELIGIBILITY OF STATE COURTS FOR CERTAIN FEDERAL GRANTS.

    (a) 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 adding at the end 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.''.
    (b) Allocations.--Section 516(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3762b) is amended--
        (1) by striking ``80'' and inserting ``70'';
        (2) by striking ``and 10'' and inserting ``10''; and
        (3) by inserting before the period the following: ``, and 10 
    percent for section 515(a)(4)''.
    (c) State and Local Governments To Consider Courts.--The Attorney 
General may require, as appropriate, that whenever a State or unit of 
local government or Indian tribe applies for a grant from the 
Department of Justice, the State, unit, or tribe demonstrate that, in 
developing the application and distributing funds, the State, unit, or 
tribe--
        (1) considered the needs of the judicial branch of the State, 
    unit, or tribe, as the case may be;
        (2) consulted with the chief judicial officer of the highest 
    court of the State, unit, or tribe, as the case may be; and
        (3) consulted with the chief law enforcement officer of the law 
    enforcement agency responsible for the security needs of the 
    judicial branch of the State, unit, or tribe, as the case may be.
    (d) Armor Vests.--Section 2501 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll) is amended--
        (1) in subsection (a), by inserting ``and State and local court 
    officers'' after ``tribal law enforcement officers''; and
        (2) in subsection (b)(1), by inserting ``State or local 
    court,'' after ``government,''.

SEC. 303. GRANTS TO STATES FOR THREAT ASSESSMENT DATABASES.

    (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 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 $15,000,000 for each of fiscal 
years 2008 through 2011.

                   TITLE IV--LAW ENFORCEMENT OFFICERS

SEC. 401. REPORT ON SECURITY OF FEDERAL PROSECUTORS.

    (a) In General.--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 Senate and the Committee on the 
Judiciary of the House of Representatives 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, those who commit 
fraud and other white-collar offenses, and other criminal cases.
    (b) Contents.--The report submitted under subsection (a) shall 
describe each of the following:
        (1) The number and nature of threats and assaults against 
    attorneys handling prosecutions described in subsection (a) and the 
    reporting requirements and methods.
        (2) The security measures that are in place to protect the 
    attorneys who are handling prosecutions described in subsection 
    (a), including 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 firearms deputation policies of the Department of 
    Justice, including the number of attorneys deputized and the time 
    between receipt of threat and completion of the deputation and 
    training process.
        (4) For each requirement, measure, or policy described in 
    paragraphs (1) through (3), when the requirement, measure, or 
    policy was developed and who was responsible for developing and 
    implementing the requirement, measure, or policy.
        (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 attorneys handling 
    prosecutions described in subsection (a) 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 attorneys handling prosecutions described in 
    subsection (a) 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 policy of the Department of Justice 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 attorneys handling 
    prosecutions described in subsection (a), 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, attorneys handling 
    prosecutions described in subsection (a).

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. EXPANDED PROCUREMENT AUTHORITY FOR THE UNITED STATES 
              SENTENCING COMMISSION.

    (a) In General.--Section 995 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(f) The Commission may--
        ``(1) use available funds to enter into contracts for the 
    acquisition of severable services for a period that begins in 1 
    fiscal year and ends in the next fiscal year, to the same extent as 
    executive agencies may enter into such contracts under the 
    authority of section 303L of the Federal Property and 
    Administrative Services Act of 1949 (41 U.S.C. 253l);
        ``(2) enter into multi-year contracts for the acquisition of 
    property or services to the same extent as executive agencies may 
    enter into such contracts under the authority of section 304B of 
    the Federal Property and Administrative Services Act of 1949 (41 
    U.S.C. 254c); and
        ``(3) make advance, partial, progress, or other payments under 
    contracts for property or services to the same extent as executive 
    agencies may make such payments under the authority of section 305 
    of the Federal Property and Administrative Services Act of 1949 (41 
    U.S.C. 255).''.
    (b) Sunset.--The amendment made by subsection (a) shall cease to 
have force and effect on September 30, 2010.

SEC. 502. MAGISTRATE JUDGES LIFE INSURANCE.

    (a) In General.--Section 604(a)(5) of title 28, United States Code, 
is amended by inserting after ``hold office during good behavior'', the 
following: ``magistrate judges appointed under section 631 of this 
title,''.
    (b) Construction.--For purposes of construing and applying chapter 
87 of title 5, United States Code, including any adjustment of 
insurance rates by regulation or otherwise, the following categories of 
judicial officers shall be deemed to be judges of the United States as 
described under section 8701 of title 5, United States Code:
        (1) Magistrate judges appointed under section 631 of title 28, 
    United States Code.
        (2) Magistrate judges retired under section 377 of title 28, 
    United States Code.
    (c) Effective Date.--Subsection (b) and the amendment made by 
subsection (a) shall apply with respect to any payment made on or after 
the first day of the first applicable pay period beginning on or after 
the date of enactment of this Act.

SEC. 503. ASSIGNMENT OF JUDGES.

    Section 296 of title 28, United States Code, is amended by 
inserting at the end of the second undesignated paragraph the following 
new sentence: ``However, a district judge who has retired from regular 
active service under section 371(b) of this title, when designated and 
assigned to the court to which such judge was appointed, having 
performed in the preceding calendar year an amount of work equal to or 
greater than the amount of work an average judge in active service on 
that court would perform in 6 months, and having elected to exercise 
such powers, shall have the powers of a judge of that court to 
participate in appointment of court officers and magistrate judges, 
rulemaking, governance, and administrative matters.''.

SEC. 504. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF MAGISTRATE 
              JUDGES.

    Section 631(a) of title 28, United States Code, is amended by 
striking ``Northern Mariana Islands'' the first place it appears and 
inserting ``Northern Mariana Islands (including any judge in regular 
active service and any judge who has retired from regular active 
service under section 371(b) of this title, when designated and 
assigned to the court to which such judge was appointed)''.

SEC. 505. GUARANTEEING COMPLIANCE WITH PRISONER PAYMENT COMMITMENTS.

    Section 3624(e) of title 18, United States Code, is amended by 
striking the last sentence and inserting the following: ``Upon the 
release of a prisoner by the Bureau of Prisons to supervised release, 
the Bureau of Prisons shall notify such prisoner, verbally and in 
writing, of the requirement that the prisoner adhere to an installment 
schedule, not to exceed 2 years except in special circumstances, to pay 
for any fine imposed for the offense committed by such prisoner, and of 
the consequences of failure to pay such fines under sections 3611 
through 3614 of this title.''.

SEC. 506. STUDY AND REPORT.

    The Attorney General shall study whether the generally open public 
access to State and local records imperils the safety of the Federal 
judiciary. Not later than 18 months after the enactment of this Act, 
the Attorney General shall report to Congress the results of that study 
together with any recommendations the Attorney General deems necessary.

SEC. 507. REAUTHORIZATION OF FUGITIVE APPREHENSION TASK FORCES.

    Section 6(b) of the Presidential Threat Protection Act of 2000 (28 
U.S.C. 566 note; Public Law 106-544) is amended--
        (1) by striking ``and'' after ``fiscal year 2002,''; and
        (2) by inserting ``, and $10,000,000 for each of fiscal years 
    2008 through 2012'' before the period.

SEC. 508. INCREASED PROTECTION OF FEDERAL JUDGES.

    (a) Minimum Document Requirements.--
        (1) Minimum requirements.--For purposes of section 202(b)(6) of 
    the REAL ID Act of 2005 (49 U.S.C. 30301 note), a State may, in the 
    case of an individual described in subparagraph (A) or (B) of 
    paragraph (2), include in a driver's license or other 
    identification card issued to that individual by the State, the 
    address specified in that subparagraph in lieu of the individual's 
    address of principle residence.
        (2) Individuals and information.--The individuals and addresses 
    referred to in paragraph (1) are the following:
            (A) In the case of a Justice of the United States, the 
        address of the United States Supreme Court.
            (B) In the case of a judge of a Federal court, the address 
        of the courthouse.
    (b) Verification of Information.--For purposes of section 
202(c)(1)(D) of the REAL ID Act of 2005 (49 U.S.C. 30301 note), in the 
case of an individual described in subparagraph (A) or (B) of 
subsection (a)(2), a State need only require documentation of the 
address appearing on the individual's driver's license or other 
identification card issued by that State to the individual.

SEC. 509. FEDERAL JUDGES FOR COURTS OF APPEALS.

    (a) In General.--Section 44(a) of title 28, United States Code, is 
amended in the table--
        (1) in the item relating to the District of Columbia Circuit, 
    by striking ``12'' and inserting ``11''; and
        (2) in the item relating to the Ninth Circuit, by striking 
    ``28'' and inserting ``29''.
    (b) Effective Date.--The amendments made by subsection (a)(2) shall 
take effect on January 21, 2009.

SEC. 510. NATIONAL INSTITUTE OF JUSTICE STUDY AND REPORT.

    (a) Study Required.--The Director of the National Institute of 
Justice (referred to in this section as the ``Director'') shall conduct 
a study to determine and compile the collateral consequences of 
convictions for criminal offenses in the United States, each of the 50 
States, each territory of the United States, and the District of 
Columbia.
    (b) Activities Under Study.--In conducting the study under 
subsection (a), the Director shall identify any provision in the 
Constitution, statutes, or administrative rules of each jurisdiction 
described in that subsection that imposes collateral sanctions or 
authorizes the imposition of disqualifications, and any provision that 
may afford relief from such collateral sanctions and disqualifications.
    (c) Report.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Director shall submit to Congress a 
    report on the activities carried out under this section.
        (2) Contents.--The report submitted under paragraph (1) shall 
    include a compilation of citations, text, and short descriptions of 
    any provision identified under subsection (b).
        (3) Distribution.--The report submitted under paragraph (1) 
    shall be distributed to the legislature and chief executive of each 
    of the 50 States, each territory of the United States, and the 
    District of Columbia.
    (d) Definitions.--In this section:
        (1) Collateral consequence.--The term ``collateral 
    consequence'' means a collateral sanction or a disqualification.
        (2) Collateral sanction.--The term ``collateral sanction''--
            (A) means a penalty, disability, or disadvantage, however 
        denominated, that is imposed by law as a result of an 
        individual's conviction for a felony, misdemeanor, or other 
        offense, but not as part of the judgment of the court; and
            (B) does not include a term of imprisonment, probation, 
        parole, supervised release, fine, assessment, forfeiture, 
        restitution, or the costs of prosecution.
        (3) Disqualification.--The term ``disqualification'' means a 
    penalty, disability, or disadvantage, however denominated, that an 
    administrative agency, official, or a court in a civil proceeding 
    is authorized, but not required, to impose on an individual 
    convicted of a felony, misdemeanor, or other offense on grounds 
    relating to the conviction.

SEC. 511. TECHNICAL AMENDMENT.

    Section 2255 of title 28, United States Code, is amended by 
designating the 8 undesignated paragraphs as subsections (a) through 
(h), respectively.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.